Brighton v RSPCA NSW [2022] NSWSC 957

Supreme Court New South Wales

Medium Neutral Citation: Brighton v RSPCA NSW [2022] NSWSC 957 Hearing dates: 12 July 2022 Decision date: 13 July 2022 Jurisdiction: Common Law Before: Ierace J Decision: (1) The sentence imposed on the plaintiff on 11 July 2022 by Magistrate Degnan be stayed until the determination of the appeal to this Court that was commenced by a summons filed by the plaintiff on 7 March 2022. (2) The plaintiff is to be released by the second defendant, namely, the New South Wales Commissioner of Corrective Services, forthwith. Catchwords: CRIME – Appeal and review – Appeal from Local Court to Supreme Court – where plaintiff convicted and sentenced for two counts of serious cruelty to a dog in the Local Court – where plaintiff sentenced to a term of imprisonment – where Magistrate previously refused to grant stay of execution of sentence – whether stay of execution of plaintiff's sentence in Local Court should be granted pending determination of Supreme Court appeal CRIME – Appeal and review – Appeal from Local Court to Supreme Court – where plaintiff filed summons appealing conviction in Local Court – where plaintiff's summons did not seek leave to appeal – where application for stay of execution of sentence before Duty Judge – for purposes of s 63(2)(b) Crimes (Appeal and Review) Act 2001 (NSW), what is required to determine whether the plaintiff's appeal is "the subject of an application for leave" – whether Court must determine if grant of leave to appeal will be required Legislation Cited: Bail Act 2013 (NSW), ss 62, 65, 66 Crimes Act 1900 (NSW), s 530 Crimes (Appeal and Review) Act 2001 (NSW), s 63 Supreme Court Act 1970 (NSW), s 71 Cases Cited: Brighton v Will [2020] NSWSC 435 Brighton v Will (No 2) [2020] NSWSC 925 Will v Brighton (2020) 104 NSWLR 170; [2020] NSWCA 355 Will v Brighton (No 2) [2021] NSWCA 8 Category: Principal judgment Parties: Daniel Brighton (Plaintiff) RSPCA NSW (First Defendant) Commissioner of Corrective Services NSW (Second Defendant) Representation: Counsel: M McHugh SC (Plaintiff) M Higgins (First Defendant) Submitting Appearance (Second Defendant)