Lacey (a pseudonym) v Attorney General for New South Wales [2021] NSWCA 27

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lacey (a pseudonym) v Attorney General for New South Wales [2021] NSWCA 27 Hearing dates: 12 November 2020 Decision date: 10 March 2021 Before: Basten JA at [1]; Leeming JA at [41]; McCallum JA at [51] Decision: (1) Grant the applicant an extension of time for the filing and service of the notice of intention to appeal, up to and including 25 May 2020. (2) Grant the applicant leave to appeal with respect to grounds 1 and 2 in the draft notice of appeal and treat the draft notice of appeal, limited to those grounds, as the notice of appeal for the purposes of the proceedings. (3) Otherwise refuse leave to appeal. (4) With respect to grounds 1 and 2, dismiss the appeal. Catchwords: COURTS – jurisdiction – criminal jurisdiction of Children's Court – where young person sought to have charges heard by a female magistrate and to have males excluded from court for certain evidence and from viewing that evidence – powers of the Children's Court to deal with criminal charges against a young person APPEALS – appeal from refusal by Children's Court of application to have proceedings heard by a female magistrate – whether amenable to appeal to the Supreme Court under the Crimes (Appeal and Review) Act 2001 (NSW) Legislation Cited: Bail Act 2013 (NSW), s 18 Children (Criminal Proceedings) Act 1987 (NSW), ss 6, 7, 9, 10, 12, 15A, 27 Children's Court Act, s 23B Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7, 8 Crimes Act 1900 (NSW), s 58, 195 Crimes (Appeal and Review) Act 2001 (NSW), s 53 Evidence Act 1995 (NSW), ss 4, 9, 76, 78A Federal Court of Australia Act 1976 (Cth), ss 17, 50 Local Court Act 2007 (NSW), s 28 Supreme Court Act 1970 (NSW), ss 69, 101, 101 Cases Cited: Barton v Walker [1979] 2 NSWLR 740 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Grassby v R (1989) 168 CLR 1; [1989] HCA 45 Jago v District Court of NSW (1989) 168 CLR 23; [1989] HCA 46 Jango v Northern Territory of Australia [2003] FCA 1230 Michael Wilson & Partners v Nicholls (2011) 244 CLR 427; [2011] HCA 48 Northern Territory v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples [2019] HCA 19 O'Shane v Harbour Radio (2013) 85 NSWLR 698; [2013] NSWCA 315 R v Fisher (2003) 138 A Crim R 318; [2003] NSWCCA 41 R v Mosely (1992) 28 NSWLR 735 Rajski v Wood (1989) 18 NSWLR 512 Re Lake Torrens Overlap Proceedings (No 2) [2015] FCA 1195 Salter v Director of Public Prosecutions (NSW) (2009) 75 NSWLR 392; [2009] NSWCA 357 Western Australia v Ward (1977) 76 FCR 592 Texts Cited: L Burton Crawford and J Boughey, "The Centrality of Jurisdictional Error: Rationale and Consequences" (2019) 30 PLR 18 Category: Principal judgment Parties: Lacey (a pseudonym) (Applicant) Attorney General for New South Wales (Respondent) Representation: Counsel: C Ronalds SC, T Epstein (Applicant) D Kell SC, J Caldwell (Respondent)