Dacich v Director of Public Prosecutions (No 2) [2020] NSWCA 298

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dacich v Director of Public Prosecutions (No 2) [2020] NSWCA 298 Hearing dates: 28 August 2020 Decision date: 19 November 2020 Before: Basten JA at [1]; Meagher at [69]; Simpson AJA at [70] Decision: (1) Dismiss the amended summons for judicial review filed on 15 July 2020. (2) Order that the applicant pay the costs of the Director of Public Prosecutions (NSW) in relation to these proceedings. (3) Direct that the sentence imposed in the District Court on 9 September 2019 recommence upon the return of the applicant to custody. Catchwords: APPEAL AND REVIEW – District Court – criminal jurisdiction – sentence appeal from Local Court – judicial review of appeal judgment – privative provision – need to establish jurisdictional error – procedural unfairness – refusal of adjournment application in district Court – existence of application for review of refusal of legal aid APPEAL AND REVIEW – District Court – criminal jurisdiction – appeal from Local Court – whether appeal against conviction – form of notice of appeal – Crime (Appeal and Review) Act 2001 (NSW), s 14 APPEAL AND REVIEW – District Court – criminal jurisdiction – sentence appeal from Local Court – procedural unfairness – alleged incompetence of legal representative – failure to obtain psychologist's report for application under Mental Health (Forensic Provisions) Act 1990 (NSW), s 32 APPEAL AND REVIEW – District Court – criminal jurisdiction – sentence appeal from Local Court – pre-sentence custody – failure to take into account under Crimes (Sentencing Procedure) Act 1999 (NSW), s 24 Legislation Cited: Crime (Appeal and Review) Act 2001 (NSW), ss 11, 12, 13, 14, 18, 19, 52, 67; Pt 3 Crimes (Sentencing Procedure) Act 1999 (NSW), s 24 Criminal Appeal Act 1912 (NSW), s 6 District Court Act 1973 (NSW), s 176 Legal Aid Commission Act 1979 (NSW), s 57 Mental Health (Forensic Provisions) Act 1990 (NSW), s 32 Supreme Court Act 1970 (NSW), ss 69, 69A Uniform Civil Procedure Rules 2005 (NSW), Pt 50 Cases Cited: Brown v R [2018] NSWCCA 257 Garde v Dowd (2011) 80 NSWLR 620; [2011] NSWCA 115 House v The King (1936) 55 CLR 499; [1936] HCA 40 Tsiakas v R [2015] NSWCCA 187 Category: Principal judgment Parties: Clare Dacich (Applicant) Director of Public Prosecutions (Respondent) Representation: Counsel: Applicant self-represented Ms J Davidson (Respondent)