Wood v. The Director of Public Prosecutions & Ors. [2006] NSWCA 240

New South Wales Court of Appeal

CITATION: Wood v. The Director of Public Prosecutions & Ors. [2006] NSWCA 240

HEARING DATE(S): 24 August 2006

JUDGMENT DATE: 24 August 2006

JUDGMENT OF: Hodgson JA at 1; Ipp JA at 11; Tobias JA at 12

EX TEMPORE JUDGMENT DATE: 08/24/2006

DECISION: 1. Orders 1, 2 and 3 made in the Amended Summons. 2. Order that the first opponent pay the claimant's costs of these proceedings.

CATCHWORDS: CRIMINAL LAW - Appeal - Appeals from magistrates - Appeal against conviction - Whether necessary for error by magistrate to be shown - Application of principles of Fox v. Percy.

CASES CITED: Charara v. The Queen [2006] NSWCCA 244 Gianoutsos v. Glykis [2006] NSWCCA 137

Leroy John Wood - claimant PARTIES: The Director of Public Prosecutions - 1st opponent The Judges of the District Court of NSW - 2nd opponent

FILE NUMBER(S): CA 40050/06

COUNSEL: Mr. P.A.G. O'Connor for claimant Ms. J.A. Girdham for first opponent

SOLICITORS: G.J. Donaghy & Company, Lismore for claimant

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 05/52/0277

LOWER COURT JUDICIAL OFFICER: Black DCJ

LOWER COURT DATE OF DECISION: 22 November 2005

LOWER COURT MEDIUM NEUTRAL CITATION: Not applicable

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40050/06

HODGSON JA IPP JA TOBIAS JA

Thursday 24 August 2006 WOOD V. THE DIRECTOR OF PUBLIC PROSECUTIONS & ORS. Judgment 1 HODGSON JA: On 24 June 2005, Mr Thompson, Magistrate, heard proceedings in which the claimant was charged with assault occasioning actual bodily harm. The magistrate found the offence proved but dismissed the charge, conditional upon the claimant entering into a bond to be of good behaviour for twelve months pursuant to s.10 of the Crimes (Sentencing Procedure) Act 1999. The claimant appealed to the District Court, and on 22 November 2005 his Honour Judge Black QC dismissed the appeal and confirmed the order and finding of the Magistrate. 2 The claimant has applied to this Court for an order in the nature of certiorari quashing those orders, and an order in the nature of mandamus directing the District Court to determine the claimant's appeal according to law. The claimant's appeal to the District Court was brought pursuant to part 3 of the Crimes (Local Courts Appeal and Review) Act 2001 (the Act). Sections 18 and 19 of the Act as follows. 18 Appeals against conviction to be by way of rehearing on the transcripts of evidence (1) An appeal against conviction is to be by way of rehearing on the basis of certified transcripts of evidence given in the original Local Court proceedings, except as provided by section 19. (2) Fresh evidence may be given, but only by leave of the District Court which may be granted only if the Court is satisfied that it is in the interests of justice that the fresh evidence be given. (3) The parties to an appeal are each entitled to be provided with one free copy of the certified transcripts of evidence relevant to the appeal and, if fresh evidence is given, one free copy of the transcript of the fresh evidence.