Young v Director of Public Prosecutions (NSW) [2023] NSWCA 69

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Young v Director of Public Prosecutions (NSW) [2023] NSWCA 69 Hearing dates: 22 February 2023 Date of orders: 20 April 2023 Decision date: 20 April 2023 Before: Leeming JA at [1] Brereton JA at [2] Mitchelmore JA at [7] Decision: (1) The Summons is dismissed with costs. (2) Pursuant to s 69D of the Supreme Court Act 1970 (NSW), order that the sentence imposed by the Local Court recommence on the date of this judgment and terminate on 19 September 2024. (3) Grant liberty to the parties to apply within 14 days of the date of this judgment for any variation of order 2. Catchwords: CRIME – Appeal and review – Judicial review – Appeal from Local Court to District Court – where District Court dismissed appeal – offences of common assault and intentionally or recklessly damaging property – where applicant made claims including that he could not hear Local Court proceedings – whether District Court proceedings were procedurally unfair Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Crimes Act 1900 (NSW) Disability Discrimination Act 1992 (Cth) District Court Act 1973 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Blissett v Director of Public Prosecutions (NSW) [2021] NSWCA 253 Dietrich v The Queen (1992) 177 CLR 292; [1992] HCA 57 Dyason v Butterworth [2015] NSWCA 52 Firth v Director of Public Prosecutions [2018] NSWCA 78 Garde v Dowd (2011) 80 NSWLR 620; [2011] NSWCA 115 Jamal v Director of Public Prosecutions (NSW) [2019] NSWCA 121 Lazarus v Director of Public Prosecutions (NSW) [2019] NSWCA 125 McNab v Director of Public Prosecutions (NSW) [2021] NSWCA 298 Morgan v District Court of New South Wales (2017) 94 NSWLR 463; [2017] NSWCA 105 Nabi v Director of Public Prosecutions (NSW) [2022] NSWCA 92 Rahman v Director of Public Prosecutions (NSW) [2023] NSWCA 1 Richmond Valley Council v Young [2020] NSWSC 514 Wishart v Fraser (1941) 64 CLR 470; [1941] HCA 8 Category: Principal judgment Parties: Gary Young (Applicant) Director of Public Prosecutions (NSW) (First Respondent) District Court of NSW (Second Respondent) Representation: Counsel: C Gleeson (First Respondent)