Landsman v Director of Public Prosecutions [2013] NSWCA 369

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Landsman v Director of Public Prosecutions [2013] NSWCA 369 Hearing dates: 18 October 2013 Decision date: 05 November 2013 Before: Macfarlan JA at [1] Leeming JA at [30] Simpson J at [39] Decision: (1)That the order made by Blanch CJDC on 20 May 2013 refusing to submit a question for determination by the Court of Criminal Appeal be quashed. (2)That the proceedings be remitted to the District Court to be heard and determined according to law. (3)That the respondent pay the applicant's costs of the application to this Court. [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: CRIMINAL LAW - statement of case by District Court to Court of Criminal Appeal - s 5B Criminal Appeal Act 1912 - District Court granted Crown leave to adduce fresh evidence on offender's appeal from Local Court to District Court - evidence of admissions made by offender to probation officer after conviction - whether open to District Court judge to be satisfied that in the interests of justice that evidence be admitted - whether error in not submitting this question of law to Court of Criminal Appeal - judicial review Legislation Cited: Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 District Court Act 1973 Supreme Court Act 1970 Cases Cited: Australian Gas Light Co v Valuer-General (1940) 40 SR (NSW) 126 CHEP Australia Ltd v Strickland [2013] NSWCA 351 Collector of Customs v Agfa-Gevaert Ltd [1996] HCA 36; 186 CLR 389 Collector of Customs v Pozzolanic Enterprises Pty Ltd [1993] FCA 322; 43 FCR 280 Corporation of the City of Enfield v Development Assessment Commission [2000] HCA 5; 199 CLR 135 Downey v Acting District Court Judge Boulton (No 5) [2010] NSWCA 240; 78 NSWLR 499 Elias v DPP [2012] NSWCA 302; 222 A Crim R 286 Ex parte McGavin; Re Berne (1945) 46 SR (NSW) 58 Garde v Dowd [2011] NSWCA 115; 80 NSWLR 620 Hammond v R [2013] NSWCCA 93 Herron v Attorney-General for New South Wales (1987) 8 NSWLR 601 Kirk v Industrial Court of New South Wales [2010] HCA 1; 239 CLR 531 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32; 241 CLR 390 Lavorato v The Queen [2012] NSWCCA 61; 82 NSWLR 568 Lombardo v Federal Commissioner of Taxation [1979] FCA 105; 40 FLR 208 Mahmoud v Sutherland [2012] NSWCA 306 New South Wales Bar Association v Stevens [2003] NSWCA 95 R v Connell; Ex parte Hetton Bellbird Collieries Ltd [1944] HCA 42; 69 CLR 407 Re Refugee Review Tribunal; ex parte Aala [2000] HCA 57; 204 CLR 82 X7 v Australian Crime Commission [2013] HCA 29; 87 ALJR 858 Category: Principal judgment Parties: Warren Brent Landsman (Applicant) Director of Public Prosecutions (First Respondent) District Court of New South Wales (Second Respondent) Representation: Counsel: P Lange (Applicant) C Webster SC (First Respondent) Submitting Appearance (Second Respondent Solicitors: Alexander Lawyers (Applicant) Solicitor for Public Prosecutions (First Respondent) File Number(s): CA 2013/170153 Decision under appeal Jurisdiction: 9101 Citation: R v Warren Brent Landsman Date of Decision: 2013-05-20 00:00:00 Before: Blanch CJDC File Number(s): 2011/347713