Dacich v Governor of Dillwynia Correctional Centre [2021] NSWSC 1333

Supreme Court New South Wales

Medium Neutral Citation: Dacich v Governor of Dillwynia Correctional Centre [2021] NSWSC 1333 Hearing dates: 08 October 2021 Date of orders: 08 October 2021 Decision date: 08 October 2021 Jurisdiction: Common Law Before: Hamill J (as Duty Judge) Decision: Summons dismissed. Catchwords: CIVIL LAW – administrative law – writ of habeas corpus – lawful detention – onus on gaoler to establish lawfulness – valid warrant sufficient to discharge onus – long history on one view – short history on another – whether periods of pre-sentence custody taken into account in earlier sentencing hearings and applications for review – questions dealt with in earlier proceedings – inappropriate collateral attack on earlier decisions of this Court – pending bail application – pending applications before Court of Appeal – no power to relieve applicant of her current burden – writ discharged and summons dismissed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Dacich (No.1) v R [2019] NSWDC 621 Dacich (No.2) v R [2019] NSWDC 620 Dacich v Director of Public Prosecutions [2020] NSWSC 1179 Dacich v Director of Public Prosecutions (No 1) [2020] NSWCA 297 Dacich v Director of Public Prosecutions (No 2) [2020] NSWCA 298 Dacich v Director of Public Prosecutions (NSW); Kennedy v Director of Public Prosecutions (NSW) [2020] NSWCA 313 Dacich v Director of Public Prosecutions (NSW); Kennedy v Director of Public Prosecutions (NSW) (No 2) [2020] NSWCA 346 Dacich v Picton Local Court & Anor [2020] NSWSC 1714 Kaderavek v R [2018] NSWCCA 92 R v Dacich [2019] NSWSC 1517 Category: Principal judgment Parties: Claire Dacich (Plaintiff) The Governor of Dillwynia Correctional Centre (Defendant) Representation: Counsel: R McEwen (Defendant)