Nichles v R (No 2) [2024] NSWDC 626

District Court New South Wales

Medium Neutral Citation: Nichles v R (No 2) [2024] NSWDC 626 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 – The Deputy Registrar at Waverly refused to issue a large number of subpoenas which the appellant wanted to be issued – Appellant initially appealed to a magistrate at Waverly, but did not appear either in person or AVL – The Magistrate dismissed the appeal – Held: no appeal lies to the District Court from an interlocutory decision – In any event the subpoenas were oppressive and there appears to be no legitimate forensic purpose for them. Legislation Cited: Nil. Cases Cited: Commissioner of Police v Tuxford & Ors [2002] NSWCA 139 at [22]. Hearne v Street (2008) 235 CLR 125. The Queen v Saleam (1989) 16 NSWLR 14. 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: 9 August 2024 Before: Magistrate Shields