Nichles v R (No 1) [2024] NSWDC 625

District Court New South Wales

Medium Neutral Citation: Nichles v R (No 1) [2024] NSWDC 625 Hearing dates: 17, 23 September 2024 Date of orders: 23 September 2024 Decision date: 23 September 2024 Jurisdiction: Criminal Before: Neilson DCJ Decision: The appeal is dismissed. Catchwords: Appeal from Local Court – Appeal against failure of Local Court to grant interlocutory relief, a stay of proceedings and other relief, and a failure to grant a permanent stay of proceedings – District Court has no power to grant relief against any interlocutory order – This not a proper case in which to grant a permanent stay of a criminal charge. Legislation Cited: Civil Procedure Act 2005, s 144. Crimes (Appeal and Review) Act 2001, Pt 3. Crimes (Domestic and Personal Violence) Act 2007, ss 14(1). District Court Act 1973. Domestic and Family Violence Protection Act 2012 (Qld), s 37. Local Court Act 2007, Pt 4. Protection of the Environment Operations Act 1997, s 290(2). Cases Cited: Huang v Nazaran [2021] NSWCA 243. Mahommed v Unicomb [2017] NSWCA 65. Texts Cited: Nil. Category: Principal judgment Parties: Crown – R (NSW) Appellant - Kimberley Nichles Representation: Counsel: Crown – Ms Ng, L. Appellant – Self-represented.

Solicitors: Crown – Office of the Director of Public Prosecutions (NSW). Appellant – Self-represented. File Number(s): 2024/00065034 Publication restriction: Nil. Decision under appeal Court or tribunal: Local Court Jurisdiction: Criminal Date of Decision: 24 July 2024 Before: Magistrate Milledge