Firth v Director of Public Prosecutions [2013] NSWCA 403

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Firth v Director of Public Prosecutions [2013] NSWCA 403 Hearing dates: 22 November 2013 Decision date: 22 November 2013 Before: Emmett JA at [1] and at [28] Leeming JA at [2] Sackville AJA at [27] Decision: 1. The proceedings be dismissed. 2. The plaintiff pay the costs of the first defendant. [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 - appeals from convictions in Local Court to District Court of traffic offences - judicial review of dismissal of appeals - judicial review of refusal to submit question of law to Court of Criminal Appeal - no judicially reviewable error - summons dismissed

TRAFFIC LAW - suspension of driver's licence following laying of charge - charge subsequently withdrawn - withdrawal of charge no defence to further charge of driving while licence suspended Legislation Cited: Criminal Appeal Act 1912 Criminal Procedure Act 1986 Director of Public Prosecutions Act 1986 District Court Act 1973 Road Transport (Driver Licensing) Act 1998 Road Transport (General) Act 2005 Road Transport (Safety and Traffic Management) Act 1999 Supreme Court Act 1970 Cases Cited: Garde v Dowd [2011] NSWCA 115; 80 NSWLR 620 Landsman v Director of Public Prosecutions [2013] NSWCA 369 Mahmoud v Sutherland [2012] NSWCA 306 Muldoon v Church of England Children's Homes Burwood (2011) 80 NSWLR 202 Category: Principal judgment Parties: William Firth (Plaintiff) Director of Public Prosecutions (First Defendant) District Court of New South Wales (Second Defendant) Representation: Counsel: In person (Plaintiff) Carol Webster SC (First Defendant) Solicitors: In person (Plaintiff) Solicitor for Public Prosecutions (First Defendant) File Number(s): 2013/98566 Decision under appeal Date of Decision: 2012-06-26 00:00:00 Before: Payne DCJ File Number(s): 2010/340224 2011/19900