Damon Charles MILLER v DPP [2003] NSWSC 66

New South Wales Supreme Court

CITATION : Damon Charles MILLER v DPP [2003] NSWSC 66 HEARING DATE(S) : 22-23/04/2002 JUDGMENT DATE : 20 February 2003

JUDGMENT OF : Dowd J DECISION : Leave to appeal refused; appeal dismissed; summons discussed with costs.

CATCHWORDS : Appeal against refusal to annul conviction - interlocutory decision. Crimes Act 1900 LEGISLATION CITED : Criminal Appeal Act 1912 Justices Act 1902 Avon Downs v FCT (1949) 78 CLR 353 CASES CITED : House v R (1936) 55 CLR 499 Licul v Corney (1976) 180 CLR 213 R v Bozatsis and Spanakakis (1997) 97 A Crim R 296 PARTIES : Damon Charles Miller (Plaintiff) Director of Public Prosecutions (Defendant) FILE NUMBER(S) : SC 10604/2002 COUNSEL : D B McGovern (Plaintiff) M Buscombe (Defendant) SOLICITORS : Carroll and Associates (Plaintiff) S E O'Connor (Defendant)

LOWER COURT Local Court JURISDICTION : LOWER COURT 20031111/97/2 FILE NUMBER(S) : LOWER COURT Syme LCM JUDICIAL OFFICER :

- IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

DOWD J

Thursday 20 February 2003

10604/2002 DAMON CHARLES MILLER v DIRECTOR of PUBLIC PROSECUTIONS

JUDGMENT 1 HIS HONOUR: This is an appeal brought by the plaintiff by way of summons seeking that leave be granted to appeal a decision of Syme LCM on 13 February 2002 dismissing an application brought by the plaintiff to annul convictions pursuant to s100D of the Justices Act 1902 ("the Act") and that, in substitution of the decision appealed against, an order be made under s100K of the Act to the effect that an ex parte conviction entered against the plaintiff by Lulham LCM on 10 December 2001 be set aside. 2 I direct that the proceedings be amended to reflect the correct description of the defendant as the Director of Public Prosecutions. 3 The appeal is brought pursuant to s104 of the Act, which relevantly is in the following terms: