Petch v Director of Public Prosecutions (NSW) [2022] NSWCA 33

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Petch v Director of Public Prosecutions (NSW) [2022] NSWCA 33 Hearing dates: 8 February 2022 Date of orders: 11 March 2022 Decision date: 11 March 2022 Before: Basten JA at [1]; Macfarlan JA at [87]; Payne JA at [88] Decision: (1) Dismiss the amended summons for judicial review filed on 15 November 2021. (2) Order that the applicant pay the Director's costs in this Court. Catchwords: COURTS AND JUDGES – jurisdictional error – District Court – crime – appeal from Local Court – offence of knowingly giving false evidence before the Independent Commission against Corruption – failure to consider substantial component of defendant's case – significance to defendant of subject-matter of false statement – significance first raised by prosecutor COURTS AND JUDGES – jurisdictional error – District Court – crime – appeal from Local Court – offence of giving false evidence before the Independent Commission against Corruption – defendant called expert evidence of cognitive impairment and memory loss – whether judge failed to apply criminal burden and standard of proof – whether burden cast on defence – judgment to be read as a whole Legislation Cited: Bail Act 2013 (NSW), ss 4, 5, 61 Crimes (Appeal and Review) Act 2001 (NSW), ss 11, 18 District Court Act 1973 (NSW), ss 8, 176 Independent Commission Against Corruption Act 1988 (NSW) Supreme Court Act 1970 (NSW), ss 22, 69C Cases Cited: Craig v South Australia (1995) 184 CLR 163; [1995] HCA 58 Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 77 ALJR 1088; [2003] HCA 26 Garde v Dowd (2011) 80 NSWLR 620; [2011] NSWCA 115 Gelle v Director of Public Prosecutions (NSW) [2017 NSWCA 245 Hay v Director of Public Prosecutions (NSW) [2020] NSWSC 219 Kirk Group Holdings Pty Ltd v WorkCover Authority of NSW (2006) 66 NSWLR 151; [2006] NSWCA 172 Kirk v Industrial Court of New South Wales (2010) 239 CLR 531; [201] HCA 1 Liristis v Director of Public Prosecutions (NSW) [2015] NSWCA 261 Powercoal Pty Ltd v Industrial Relations Commission of NSW [2005] NSWCA 345; 156 A Crim R 269 Shepherd v The Queen (1990) 170 CLR 573; [1990] HCA 56 Stanley v Director of Public Prosecutions (NSW) [2021] NSWCA 337 Tonab Investments Pty Ltd v Optima Developments Pty Ltd (2015) 90 NSWLR 268; [2015] NSWCA 287 Whisprun Pty Ltd v Dixon (2003) 77 ALJR 1598; [2003] HCA 48 Category: Principal judgment Parties: Ivan John Petch (Applicant) Director of Public Prosecutions (First Respondent) District Court of New South Wales (Second Respondent) Representation: Counsel: T A Game SC / P J English (Applicant) D Kell SC / P Boncardo (First Respondent) Submitting Appearance (Second Respondent)