DKG v Commissioner of Police [2023] NSWCA 46

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: DKG v Commissioner of Police [2023] NSWCA 46 Hearing dates: 16 March 2023 Decision date: 23 March 2023 Before: Ward P at [1]; Adamson JA at [2] Decision: (1) Extend the time for filing the summons seeking leave to appeal to 27 June 2022. (2) Refuse leave to appeal. (3) Grant leave to the respondent to apply for an order for the costs of the application, such application to be made within 7 days. Catchwords: CRIME — Appeals — Appeal against conviction in Local Court — Extension of time in which to appeal — application for relief beyond jurisdiction of Court — no arguable error in summary dismissal of claim CRIME — Appeals — limitations on arguing points on appeal which were not run in Court below — charge defended in Local Court on basis of no sexual touching — alleged challenge to conviction on basis of consent and no act of indecency Legislation Cited: Administrative Decisions (Judicial Review) Act 1977 (Cth), s 9 Australian Passports Act 2005 (Cth), s 12 Child Protection (Offenders Registration) Act 2000 (NSW) Crimes (Appeal and Review) Act 2001 (NSW), Part 5, ss 11, 13, 52, 53, 78 Crimes Act 1900 (NSW), s 61L Criminal Code Act 1995 (Cth), s 27A.1 Supreme Court Act 1970 (NSW), s 101 Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 51.10 Cases Cited: Secretary, Dept of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206 TKWJ v The Queen (2002) 212 CLR 124; [2002] HCA 46 Category: Procedural rulings Parties: DKG (Applicant) Commissioner of Police (Respondent) Representation: Counsel: Self-represented (Applicant) G Keesing (Respondent)