Toth v Director of Public Prosecutions (NSW) [2014] NSWCA 133

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Toth v Director of Public Prosecutions (NSW) [2014] NSWCA 133 Hearing dates: 17 April 2014 Decision date: 17 April 2014 Before: Basten JA at [1]; Barrett JA at [22]; Emmett JA at [23] Decision: (1) Dismiss the amended summons. (2) Order that the applicant pay the Director's costs of the proceedings 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: CRIMINAL LAW - offence of using listening device to record private conversation - whether parties to conversation in doctor's surgery ought reasonably to have expected that it might be overheard - Surveillance Devices Act 2007 (NSW), s 7(1)

PROCEDURE - judicial review - criminal appeal in District Court - challenge to finding of guilt - application for extension of time - applicant commenced proceedings more than a year after judgment of District Court - no explanation provided for delay - limited utility of proceedings commenced shortly before expiration of bond - merit of proceedings considered - Uniform Civil Procedure Rules 2005 (NSW), r 59.10

WORDS AND PHRASES - "private conversation" - Surveillance Devices Act 2007 (NSW), s 4(1) Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), s 63 Crimes (Sentencing Procedure) Act 1999 (NSW), s 9 District Court Act 1973 (NSW), s 176 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 59.10 Surveillance Devices Act 2007 (NSW), ss 4, 7 Cases Cited: Downey v Acting District Court Judge Boulton (No 5) [2010] NSWCA 240; 78 NSWLR 499 Category: Principal judgment Parties: Andrew Leslie Toth (Applicant) Director of Public Prosecutions (NSW) (First Respondent) District Court of New South Wales (Second Respondent) Representation: Counsel: