Grant v Local Court of New South Wales and Anor [2015] NSWSC 356

Supreme Court New South Wales

Medium Neutral Citation: Grant v Local Court of New South Wales and Anor [2015] NSWSC 356 Hearing dates: 2 March 2015 Decision date: 02 April 2015 Before: Johnson J Decision: 1. Time is extended to 5 February 2015 to institute an application for leave to appeal under s.53(3)(b) Crimes (Appeal and Review) Act 2001 against the order of the Magistrate of 20 August 2014. 2. Leave to appeal granted against the order of the Magistrate of 20 August 2014, but dismiss the appeal; 3. The Further Amended Summons (as constituted by the Supplementary Notice filed on 5 February 2015) is dismissed. 4. No order as to costs of the proceedings. Catchwords: CRIMINAL LAW - appeal against interlocutory decision in Local Court refusing leave to withdraw guilty plea - s.53(3)(b) Crimes (Appeal and Review Act) 2001 - Plaintiff pleaded guilty to common assault - whether Magistrate applied incorrect principles - whether Magistrate erred in law in provision of reasons - no error of law demonstrated - appeal dismissed

ADMINISTRATIVE LAW - judicial review - s.69 Supreme Court Act 1970 - prerogative relief - no error of law demonstrated - appeal dismissed Legislation Cited: Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Supreme Court Act 1970 Cases Cited: Acuthan v Coates (1986) 6 NSWLR 472 Director of Public Prosecutions (NSW) v Elskaf [2012] NSWSC 21 Director of Public Prosecutions (NSW) v Scheibel [2004] NSWCA 187; 145 A Crim R 576 Hall v Nominal Defendant [1966] HCA 36; 117 CLR 423 Housing Commission of New South Wales v Tatmar Pastoral Co Pty Limited [1983] 3 NSWLR 378 L v Lyons [2002] NSWSC 1199; 56 NSWLR 600 Moloney v Collins [2011] NSWSC 628 R v Grant [2012] NSWSC 1491 R v Hamieh [2010] NSWCCA 189 Re Don [2006] NSWSC 1125 Wong v Director of Public Prosecutions (NSW) [2005] NSWSC 129; 155 A Crim R 37 Texts Cited: --- Category: Principal judgment Parties: Deborah Grant (Plaintiff) Local Court NSW (First Defendant) Director of Public Prosecutions (NSW) (Second Defendant) Representation: Counsel: Mr CJ Bruce SC (Plaintiff) Local Court NSW - Submitting Appearance (First Defendant) Ms JE Davidson (Second Defendant)