Director of Public Prosecutions v Priestley [2014] NSWCA 25

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Director of Public Prosecutions v Priestley [2014] NSWCA 25 Hearing dates: 3 February 2014 Decision date: 25 February 2014 Before: Beazley P at [1]; Emmett JA at [2]; Gleeson JA at [8] Decision: 1. Refuse leave to appeal. 2. The applicant to pay the respondent's costs in 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: STATUTORY INTERPRETATION - Meaning of staying overnight - Whether void for uncertainty - Question of law alone - Construction of penal provisions. LOCAL GOVERNMENT - Power to erect notices prohibiting conduct in public places Legislation Cited: Crimes (Appeal and Review) Act 2001 s56, 59 Local Government Act 1993 s204, 632, 697 Supreme Court Act 1970 s101 Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69 Director of Public Prosecutions v Priestley [2013] NSWSC 407 Zelden v Sewell [2011] NSWCA 56 Texts Cited: Oxford English Dictionary Online Category: Principal judgment Parties: Director of Public Prosecutions (Applicant) Lance Priestley (Respondent) Representation: Counsel: A Mitchelmore and T Phillips (Applicant) A M Stewart and J D Donnelly (Respondent) Solicitors: S C Kavanagh, Solicitor for Public Prosecutions (Applicant) File Number(s): 2013/157040 Decision under appeal Jurisdiction: 9111 Citation: Director of Public Prosecutions v Priestley Date of Decision: 2013-04-24 00:00:00 Before: Adams J File Number(s): 2012/243969