Dacich v Director of Public Prosecutions (NSW) [2021] NSWCA 275

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dacich v Director of Public Prosecutions (NSW) [2021] NSWCA 275 Hearing dates: 5 November 2021 Date of orders: 12 November 2021 Decision date: 12 November 2021 Before: Basten JA; Gleeson JA; Simpson AJA Decision: (1) Extend the time for commencing proceedings to review the sentencing judgment of 5 March 2021 until the date of the hearing. (2) Dismiss the proceedings with respect to the judgments given and orders made in the District Court on 5 March and 18 August 2021. (3) Order that the applicant pay the Director's costs in this Court. Catchwords: APPEAL AND REVIEW – supervisory jurisdiction – review of judgment of District Court on appeal from Local Court – refusal to reopen sentence appeal – jurisdictional error – failure to vary sentence to take account of error in calculation of earlier partly concurrent sentence PROCEDURE – civil – discontinuance – notice given after hearing – leave requirement – dismissal – costs Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 5, 7, 24, 43, 71 Uniform Civil Procedure Rules 2005 (NSW), rr 12.1, 42.19, 51.56; 59.10 Cases Cited: Achurch v The Queen (2014) 253 CLR 141; [2015] HCA 10 Dacich v Director of Public Prosecutions (NSW) (No 2) [2020] NSWCA 298 Category: Principal judgment Parties: Clare Margaret Dacich (Applicant) Director of Public Prosecutions (First Respondent) District Court of New South Wales (Second Respondent) Representation: Counsel: Applicant self-represented Ms J Davidson (First Respondent)