Dacich v Commissioner of Corrective Services [2020] NSWCA 359

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dacich v Commissioner of Corrective Services [2020] NSWCA 359 Hearing dates: 22 December 2020 Date of orders: 22 December 2020 Decision date: 23 December 2020 Before: Bell P; Basten JA; Macfarlan JA Decision: Appeal dismissed. Catchwords: ADMINISTRATIVE LAW – writ of habeas corpus – to whom writ should be directed – who has custody of prisoners in correctional centres – whether prosecutor entitled to appear APPEAL – appeal against refusal to issue writ of habeas corpus – grounds on which appeal available – s 71 Supreme Court Act 1970 considered JUDGMENTS AND ORDERS – sentence of imprisonment – whether warrant for commitment required in addition to court order – s 62 Crimes (Sentencing Procedure) Act 1999 considered JUDGMENTS AND ORDERS – sentence of imprisonment – judicial review sought – release on bail – stay of execution of order – ss 69A-D Supreme Court Act 1970 considered Legislation Cited: Crimes (Administration of Sentences) Act 1999 (NSW), ss 72, 232 Crimes (Sentencing Procedure) Act 1999 (NSW), s 62 Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW), s 244 Prisons Act 1952 (NSW) Stronger Communities Legislation Amendment (Miscellaneous) Act 2020 (NSW), Sch 1, [1.10] Supreme Court Act 1970 (NSW), ss 23, 69, 69C, 69D, 71, 101 Cases Cited: Cowell v Corrective Services Commission (NSW) (1988) 13 NSWLR 714 Dacich v Director of Public Prosecutions (NSW) [2020] NSWCA 313 Day v The Queen (1984) 153 CLR 475; [1984] HCA 3 Ex parte Walsh and Johnson; In re Yates (1925) 37 CLR 36; [1925] HCA 53 Gargan v Director of Public Prosecutions (NSW) [2004] NSWSC 10; 144 A Crim R 296 The Queen v Turnbull; Ex parte Taylor (1968) 123 CLR 28 at 45; [1968] HCA 88 Category: Principal judgment Parties: Clare Dacich (Appellant) Commissioner of Corrective Services (First Respondent) Director of Public Prosecutions (NSW) (Second Respondent) Representation: Counsel: Self-represented Appellant K E Heath (First Respondent) J Davidson (Second Respondent)