Brough v Director of Public Prosecutions [2014] NSWSC 1396

Supreme Court New South Wales

Medium Neutral Citation: Brough v Director of Public Prosecutions [2014] NSWSC 1396 Hearing dates: 22 September 2014 Decision date: 13 October 2014 Jurisdiction: Common Law Before: Button J Decision: (1) Extension of time for the filing of the appeal granted. (2) Orders one to four in the amended summons of the plaintiff are dismissed. (3) Each party is to pay their own costs. Catchwords: CRIMINAL LAW - appeal from Local Court to Supreme Court - whether failure to commence a new sentence before the expiry of a pre-existing non-parole period gives rise to a question of law alone - whether a failure to find special circumstances gives rise to a question of law alone - whether error of law with regard to either question has been established Legislation Cited: Crimes (Appeal and Review) Act 2011 (NSW), ss 52, 53, 55, 61 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 44, 55, 58 Supreme Court Rules 1970 (NSW), rr 6, 51B.9 and 51B.10 Cases Cited: Bimson, Roads and Maritime Services v Damorange Pty Ltd [2014] NSWSC 734 David Morse (Office of State Revenue) v Chan and Anor [2010] NSWSC 1290 R v Hammoud [2000] NSWCCA 540; 119 A Crim R 66 R v PL [2009] NSWCCA 256; 199 A Crim R 199 R v PL [2012] NSWCCA 31 R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 Zreika v R [2012] NSWCCA Category: Principal judgment Parties: Corey Brough (Plaintiff) Director of Public Prosecutions (Defendant) Representation: Counsel: C Bruce SC (Plaintiff) D T Kell (Defendant) Solicitors: Aboriginal Legal Service (NSW/ACT) Limited (Plaintiff) Office of the Director of Public Prosecutions (Defendant) File Number(s): 2014/229258 Decision under appeal Date of Decision: 2013-09-05 00:00:00 Before: Toose LCM