Carly Anne Coles v Director of Public Prosecutions [2022] NSWSC 960

Supreme Court New South Wales

Medium Neutral Citation: Carly Anne Coles v Director of Public Prosecutions [2022] NSWSC 960 Hearing dates: 19 July 2022 Date of orders: 19 July 2022 Decision date: 19 July 2022 Jurisdiction: Common Law Before: Yehia J Decision: (1) I grant the plaintiff an extension of time under Part 51B Rule 5(5) of the Supreme Court Rules 1970 (NSW) to file the summons in this matter; (2) I grant the plaintiff leave under s 54(1) of the Crimes (Appeal and Review) Act 2001 (NSW) to appeal against the order of Magistrate Trad made in the Local Court at Broken Hill on 25 May 2021, which committed the plaintiff to trial; (3) Pursuant to s 55(3)(a) of the Crimes (Appeal and Review) Act 2001 (NSW): (a) I set aside the order of Broken Hill Local Court on 25 May 2021 committing the plaintiff to trial; and (b) I remit the matter to the Local Court at Broken Hill on 26 July 2022 for committal according to law. (4) No order as to costs, with the intention each party bear their own costs. Catchwords: APPEALS — Procedure — Time limits — Extension of time — Leave to appeal required — Error by court below in not ascertaining whether plaintiff was pleading guilty or not guilty before committing the plaintiff to trial — Error established — Order made in Local Court set aside and matter remitted to the Local Court for continuation of committal proceedings Legislation Cited: Crimes Act 1900 (NSW) ss 113, 117, 527C(1)(a) Crimes (Appeal and Review) Act 2001 (NSW) ss 53, 55 Crimes (Sentencing Procedure) Act 1999 (NSW) s 25D Criminal Procedure Act 1986 (NSW) ss 55, 95, 96, 98 Supreme Court Act 1970 (NSW) s 69 Supreme Court Rules 1970 (NSW) Pt 51B r 5(5) Cases Cited: Bimson, Roads & Maritime Services v Damorange Pty Ltd [2014] NSWSC 734 Category: Principal judgment Parties: Carly Anne Coles (Plaintiff) Director of Public Prosecutions (First Defendant) The Local Court of New South Wales (Second Defendant) Representation: Counsel: Nicholas Broadbent (Plaintiff) Guy Newton (First Defendant)