Jamal v Director of Public Prosecutions [2013] NSWCA 355

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Jamal v Director of Public Prosecutions [2013] NSWCA 355 Hearing dates: 2 October 2013 Decision date: 25 October 2013 Before: Meagher JA at [1]; Gleeson JA at [2]; Latham J at [88] Decision: (1) Order that the third amended summons filed 22 January 2013 and the further amended summons filed 9 September 2013 be dismissed. (2) Order that the applicant pay the costs of the Director of Public Prosecutions of the proceedings in this Court. (3) Direct the applicant to file and serve short written submissions by 8 November 2013 on the issue of whether the proceedings should be remitted to the District Court for him to be dealt with under s 97 of the Crimes (Sentencing Procedure) Act. (4) Note that the Court will deal with the issue of remittal of the proceedings to the District Court on the papers. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ADMINISTRATIVE LAW - prerogative relief - jurisdictional error - procedural fairness - District Court appeal - criminal proceedings - where applicant self-represented Legislation Cited: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Crimes Act 1900 s 61 Crimes (Appeal & Review) Act 2001 ss 11, 18 Crimes (Domestic & Personal Violence) Act 2007 ss 39, 84 Crimes (Sentencing Procedure Act) 1999 ss 9, 97 District Court Act 1973 ss 9, 166 Supreme Court Act ss 69, 69C, 69D Cases Cited: Cains v Jenkins (1979) 28 ALR 219 Charara v The Queen [2006] NSWCCA 244; (2006) 164 A Crim R 39 Craig v South Australia [1995] HCA 58; 184 CLR 163 Dietrich v The Queen (1992) 177 CLR 292 Director of Public Prosecutions v Emanuel [2009] NSWCA 42; 193 A Crim R 552 Elias v Director of Public Prosecutions [2012] NSWCA 302; 222 A Crim R 286 Garde v Dowd [2011] NSWCA 115; 80 NSWLR 620 House v The King [1936] HCA 40; 55 CLR 499 Htut v Knowles [2010] WASC 84 Jeray v Blue Mountains City Council (No 2) [2010] NSWCA 367; 180 LGERA 1 Kirk v Industrial Relations Commission of New South Wales [2010] HCA 1; 239 CLR 531 MacPherson v The Queen (1981) 147 CLR 512 Re Refugee Review Tribunals; Ex parte HB [2001] HCA 34; 179 ALR 513 R v Alexandroaia (1995) 81 A Crim R 286 Spanos v Lazaris [2008] NSWCA 74 Victims Compensation Fund Corporation v Nguyen (2001) 52 NSWLR 213 Whiteside v Director of Public Prosecutions [1999] NSWCA 454 Yousaf v Director of Public Prosecutions [2012] NSWCA 397 Category: Principal judgment Parties: Jon Jamal (Applicant) Director of Public Prosecutions (NSW) (First respondent) District Court of New South Wales (Second respondent) Representation: Counsel: S Cairns (Applicant) J Pickering SC (First respondent) Solicitors: S C Kavanagh, Solicitor for Public Prosecutions (First respondent) I V Knight, Crown Solicitor (Second respondent) File Number(s): 2012/204468 Decision under appeal Jurisdiction: 9101 Citation: R v Jon Jamal Date of Decision: 2012-06-01 00:00:00 Before: Nicholson DCJ File Number(s): 2011/184561