Dacich v Director of Public Prosecutions [2020] NSWSC 1179

Supreme Court New South Wales

Medium Neutral Citation: Dacich v Director of Public Prosecutions [2020] NSWSC 1179 Hearing dates: 28 August 2020 Date of orders: 28 August 2020 Decision date: 28 August 2020 Jurisdiction: Common Law Before: Basten J Decision: To the extent the summons filed on 12 August 2020, case 2020/235818, purports to be a proceeding by way of appeal, dismiss the summons, with no order as to costs. Catchwords: CRIME – appeal and review –application under Crimes (Appeal and Review) Act 2001 (NSW), Pt 7 –application relating to District Court judgment on appeal from Local Court – coexisting judicial review proceedings – power to defer under s 79(3A) - deferral pending resolution of judicial review proceedings PRACTICE AND PROCEDURE – crime – appeal and review – powers of Supreme Court under Crimes (Appeal and Review) Act 2001 (NSW), Pt 7 – application for inquiry by summons – inquiry non-judicial in nature – summons dismissed but content of summons treated as application for inquiry Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 74, 75, 68, 79; Pt 7 Supreme Court Act 1970 (NSW), s 69 Category: Principal judgment Parties: Clare Dacich (Plaintiff) Director of Public Prosecutions (Defendant) Representation: Counsel: Plaintiff self-represented Ms J Davidson (Defendant)

Solicitors: Office of Director of Public Prosecutions (Defendant) File Number(s): 2020/235818 Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 9 September 2019 Before: Colefax SC DCJ File Number(s): 2017/174438