Barrett v Director of Public Prosecutions (NSW) [2020] NSWCA 270

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Barrett v Director of Public Prosecutions (NSW) [2020] NSWCA 270 Hearing dates: 12 October 2020 Date of orders: 12 October 2020 Decision date: 12 October 2020 Before: Basten JA at [38], [43]; Meagher JA at [42]; Brereton JA at [1] Decision: The Court orders that the application be dismissed with costs. Catchwords: JUDICIAL REVIEW – criminal proceedings – review of appeal to District Court – guilty plea entered in Local Court – application to traverse plea on appeal – application for leave to appeal out of time – application dismissed – whether arguable case of jurisdictional error JUDICIAL REVIEW – procedure – time limits –summons filed out of time in Court of Appeal – application to review District Court judgment – applicant legally represented when plea entered – extension of time to appeal to District Court refused – application for judicial review out of time – timely but invalid notice of appeal – public interest in finality – no arguable case of jurisdictional error – Uniform Civil Procedure Rules 2005 (NSW), r 59.10 Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 12, 13 Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 10, 13 Crimes (Sentencing Procedure) Act 1999 (NSW), s 10 Crimes Act 1900 (NSW), s 61 Criminal Records Act 1991 (NSW), ss 5, 8 District Court Act 1973 (NSW), s 176 Mental Health (Forensic Provisions) Act 1990 (NSW), s 32 Uniform Civil Procedure Rules 2005 (NSW), 59.10 Cases Cited: Gelle v Director of Public Prosecutions [2017] NSWCA 245; Ghaderi v Director of Public Prosecutions [2018] NSWCA 119 at 11 Jamal v Director of Public Prosecutions [2019] NSWCA 121 Lazarus v Independent Commission against Corruption [2019] NSWCA 100 Tay v Director of Public Prosecutions [2014] NSWCA 267 Category: Principal judgment Parties: William John Barrett (Applicant) Director of Public Prosecutions (NSW) (First Respondent) District Court of New South Wales (Second Respondent) Representation: Counsel: William John Barrett (in person) Ms C O Gleeson (Respondents)