Dacich v Director of Public Prosecutions (No 1) [2020] NSWCA 297

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dacich v Director of Public Prosecutions (No 1) [2020] NSWCA 297 Hearing dates: 28 August 2020 Decision date: 19 November 2020 Before: Basten JA at [1]; Meagher at [18]; Simpson AJA at [19] Decision: Dismiss the applicant's notice of motion of 26 August 2020. Catchwords: JUDICIAL REVIEW – adjournment – criminal proceedings – review of sentence appeal – applicant on bail – protracted procedural history – requirement for finality in criminal proceedings – claim to have lodged internal appeal from refusal of legal aid – bona fides of attempts to obtain legal representation – circumstances in which court may vacate hearing – Legal Aid Commission Act 1979 (NSW), s 57 Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), Pt 7 Legal Aid Commission Act 1979 (NSW), ss 56, 57 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), Pt 7, Div 9 Cases Cited: Bobolas v Waverley Council (2016) 92 NSWLR 406; [2016] NSWCA 139 Category: Procedural and other rulings Parties: Clare Dacich (Applicant) Director of Public Prosecutions (Respondent) Representation: Counsel: Applicant self-represented Ms J Davidson (Respondent)

Solicitors: Office of Director of Public Prosecutions (Respondent) File Number(s): 2019/302523 Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 9 September 2019 Before: Colefax SC DCJ File Number(s): 2015/330425; 2016/9320; 2017/174438