Gibson v Director of Public Prosecutions [2021] NSWCA 176

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gibson v Director of Public Prosecutions [2021] NSWCA 176 Hearing dates: 9 August 2021 Decision date: 09 August 2021 Before: Basten JA Decision: (1) Dismiss the applicant's motion filed 5 August 2021 seeking to vacate the hearing date of 20 August 2021. (2) While there is no obligation on the applicant to file written submissions in reply, if he wishes to do so, they should be filed by no later than 5pm Monday 16 August 2021. (3) Costs of the motion to be in the proceedings. Catchwords: PRACTICE AND PROCEDURE – judicial review – refusal by District Court to state case to Court of Criminal Appeal – application to vacate hearing date – further charge pending in Local Court – stress – lack of medical evidence – no basis to delay hearing by several months Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5B Category: Procedural rulings Parties: Scott Gibson (Applicant) Director of Public Prosecutions (First Respondent) District Court of New South Wales (Second Respondent) Representation: Counsel: Applicant self-represented Ms K Parouchais (Solicitor) (First Respondent)

Solicitors: Director of Public Prosecutions (First Respondent) File Number(s): 2021/77088 Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Criminal Date of Decision: 26 November 2020 Before: Baly SC DCJ File Number(s): 2019/260542