Dacich v Picton Local Court & Anor [2020] NSWSC 1714

Supreme Court New South Wales

Medium Neutral Citation: Dacich v Picton Local Court & Anor [2020] NSWSC 1714 Decision date: 27 November 2020 Jurisdiction: Common Law Before: Button J Decision: (1) The Commissioner of Corrective Services be joined as a party to these proceedings. (2) The Notice of Motion is dismissed. (3) No order as to costs. Catchwords: HABEAS CORPUS – return of writ – application for immediate release – plaintiff had unsuccessfully sought judicial review of District Court appeal from Local Court sentence – whether plaintiff was in lawful custody on day of return of writ – whether sentence had expired whilst plaintiff was on bail pending application for judicial review – whether re-commencement of District Court sentence by order of Court of Appeal was stayed by further application for judicial review – whether warrant of Court of Appeal was defective – whether sentence stayed by statutory appeal from Local Court to Supreme Court – application for release dismissed Legislation Cited: Bail Act 2013 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Interpretation Act 1987 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Antunovic v Dawson [2010] VSC 377; (2010) 30 VR 555 Dacich (No.2) v R [2019] NSWDC 620 Dacich v Director of Public Prosecutions (No 2) [2020] NSWCA 298 Ex parte Walsh and Johnson; In re Yates [1925] HCA 53; (1925) 37 CLR 36 Re Bolton; Ex parte Beane [1987] HCA 12; (1987) 162 CLR 514 Re Stanbridge's Application (1996) 70 ALJR 640 Whan v McConaghy [1984] HCA 22;(1984) 153 CLR 631 Young v Registrar, Court of Appeal (No 3) (1993) 32 NSWLR 262 Texts Cited: David Clark and Gerard McCoy, Habeas Corpus: Australia, New Zealand and the South Pacific (2nd ed, 2018, The Federation Press) Uniform Civil Procedure Rules, r 59.10 Category: Principal judgment Parties: Clare Dacich (Plaintiff) Picton Local Court (First Defendant) Director of Public Prosecutions (Second Defendant) Commissioner of Corrective Services (Third Defendant) Representation: Counsel: Submitting Appearance (First Defendant) J Davidson (Second Defendant) Submitting Appearance (Third Defendant)