White v Director of Public Prosecutions [2021] NSWSC 1629

Supreme Court New South Wales

Medium Neutral Citation: White v Director of Public Prosecutions [2021] NSWSC 1629 Hearing dates: 26 November 2021 Date of orders: 14 December 2021 Decision date: 14 December 2021 Jurisdiction: Common Law Before: Beech-Jones CJ at CL Decision: (1) The time for the filing of the Plaintiff's amended summons be extended up to and including 13 July 2021; (2) The Plaintiff be granted leave under s 53(1) of the Crimes (Appeal and Review) Act 2001 to raise ground 4 of his further amended summons; (3) The Appeal be dismissed. Catchwords: APPEAL – question of law alone – Crimes (Appeal and Review) Act – sentencing decision of Local Court – custodial sentence imposed for breaching conditions of an Extended Supervision Order – whether s 5(2) of Sentencing Act applicable to indicative sentences of less than 6 months if aggregate sentence exceeds 6 months – ground not established – complaints about contents of reasons – leave granted to raise question of mixed fact and law – ground rejected – appeal dismissed Legislation Cited: Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 Crimes (Sentencing Procedure) Amendment Act 2010 Interpretation Act 1987 Terrorism (High Risk Offenders) Act 2017 (NSW) Cases Cited: Achuthan v Coates (1986) 6 NSWLR 472 Bimson, Roads & Maritime Services v Damorange Pty Ltd [2014] NSWSC 734 Currie v R [2013] NSWCCA 267 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123; [2018] HCA 34 JM v R [2014] NSWCCA 297; 246 A Crim R 528 JP v Director of Public Prosecutions (NSW) [2015] NSWSC 1669 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 Mourtada v R [2021] NSWCCA 211 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 MZAPC v Minister for Immigration and Border Protection & Anor [2021] HCA 17 Orr v Cobar Management Pty Limited [2020] NSWCCA 220 PC v R [2020] NSWCCA 147 R v Brown [2012] NSWCCA 199 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 State of New South Wales v White (Final) [2018] NSWSC 1943 Taylor v R [2018] NSWCCA 255 TB v R [2020] NSWCCA 108 Texts Cited: Hansard, Legislative Assembly 23/11/2010 at p 27870): Reports of the NSW Law Reform Commission being Sentencing, Discussion Paper 33 (1996) Sentencing, Final Report 79 (1996) Category: Principal judgment Parties: Ricky White (Plaintiff) Director of Public Prosecutions (First Defendant) Local Court of New South Wales (Second Defendant) Representation: Counsel: J Stratton SC (Plaintiff) BK Baker; K Beattie (First Defendant)