Nguyen v Director of Public Prosecutions (NSW) [2020] NSWCA 173

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Nguyen v Director of Public Prosecutions (NSW) [2020] NSWCA 173 Hearing dates: 05 August 2020 Decision date: 05 August 2020 Before: Leeming JA at [1], [18]; White JA at [16]; Emmett AJA at [17]. Decision: 1. The defendant's name should be amended to read "Director of Public Prosecutions (NSW)". 2. The summons should be dismissed with costs. Catchwords: JUDICIAL REVIEW – jurisdictional error – District Court allows sentence appeal from full-time custodial sentence imposed by Local Court – whether jurisdictional error in District Court decision – summons filed seven months' out of time – all save a few days of sentence imposed by District Court already served – no satisfactory explanation for delay – summons dismissed Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), s 63 Cases Cited: Parker v Director of Public Prosecutions (1992) 28 NSWLR 282 Category: Principal judgment Parties: Tracey Nguyen (Plaintiff) Director of Public Prosecutions (NSW) (Defendant) Representation: Counsel: M Tedeschi QC, C Newman (Plaintiff) D Kell SC, E Jones (Defendant)

Solicitors: Sydney Criminal Lawyers (Plaintiff) Director of Public Prosecutions (NSW) (Defendant) File Number(s): 2020/121725 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 14 June 2019 Before: Judge Buscombe File Number(s): 2018/283374