Dacich v Director of Public Prosecutions (NSW); Kennedy v Director of Public Prosecutions (NSW) [2020] NSWCA 313

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dacich v Director of Public Prosecutions (NSW); Kennedy v Director of Public Prosecutions (NSW) [2020] NSWCA 313 Hearing dates: 30 November 2020 Decision date: 30 November 2020 Before: Basten JA Decision: 1 Direct that the applicant e-file and serve the amended summons in matter 2020/328871 and affidavit in support and the application for special leave to appeal to the High Court within 7 days. 2 Direct the applicant to file and serve within 7 days any further written submissions in support of her applications for relief in this Court raised by the documents referred to in order 1, not addressed in the hearing on 30 November 2020. 3 Direct the Director of Public Prosecutions to file any response to the applicant's further written submissions within 14 days. 4 Stand over determination of the Director's notice of motion filed 30 November 2020 (seeking dismissal of the summons in matter 2020/328871), pending filing of the material referred to in order 1. 5 Direct that any outstanding matters on the motions be dealt with on the papers, subject to any application for a further hearing, which will be dealt with on the basis of the further written submissions. 6 Otherwise dismiss the applicant's notices of motion filed 20 November 2020 and 27 November 2020 and the further applications made orally in the course of the hearing on 30 November 2020. 7 Join the Commissioner of Corrective Services as the Fifth Respondent in matter 2020/328871. Catchwords: CRIME – sentence – application for inquiry under Crimes (Appeal and Review) Act 2001 (NSW),Pt 7 – application for stay of sentence – power to stay sentence – Supreme Court Act 1970 (NSW), s 23 JUDGMENTS AND ORDERS – application for judicial review – custodial sentence of full time imprisonment – challenge to lawfulness of imprisonment – applicant on bail pending determination of judicial review proceedings – fresh application for judicial review filed while on bail –whether fresh application effected statutory stay – application out of time – Supreme Court Act 1970 (NSW), s 69C(4) JUDGMENTS AND ORDERS – custodial sentence –application for special leave to appeal to High Court – application for stay – criteria for grant of special leave – whether exceptional circumstances – Judiciary Act 1903 (Cth), s 35A Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW), s 158 Crimes (Appeal and Review) Act 2001 (NSW), ss 52, 62, 63, 78; Pt 5 Criminal Appeal Act 1912 (NSW), s 5B Judiciary Act 1903 (Cth), s 35A Supreme Court Act 1970 (NSW), ss 23, 69A, 69C Supreme Court Rules 1970 (NSW), r 6; Pt 51B Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 36.16, 59.10 Cases Cited: Forrest v Director of Public Prosecutions [2020] NSWCA 162 Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd [No 1] (1986) 161 CLR 681; [1986] HCA 84 Whan v McConaghy (1984) 153 CLR 631; [1984] HCA 22 Wishart v Fraser (1941) 64 CLR 470; [1941] HCA 8 Category: Procedural and other rulings Parties: 2019/302523 Clare Dacich (Applicant) Director of Public Prosecutions (NSW) (First Respondent) District Court of NSW (Second Respondent)