Liam Monte v R [2015] NSWDC 247

District Court New South Wales

Medium Neutral Citation: Liam Monte v R [2015] NSWDC 247 Hearing dates: 28 September 2015 Date of orders: 09 October 2015 Decision date: 09 October 2015 Jurisdiction: Criminal Before: Judge AC Scotting Decision: See paragraph [44] Catchwords: CRIMINAL LAW – steal from person – dismissal of charge without conviction

APPEAL – jurisdiction of court where first appeal previously withdrawn and dismissed – all grounds appeal – appeal out of time – second appeal prevented by operation of statue

PRACTICE AND PROCEDURE – exercise of forensic judgment of counsel and solicitor for the appellant – principles of court's appellate jurisdiction – application of principles as provided for by statute Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Crimes (Appeal and Review) Act 2001 Cases Cited: Victorian Stevedoring and General Contracting Co Pty Ltd v Dignan (1931) 46 CLR 73 Commonwealth v Verwayen (1990) 170 CLR 394 David Grant & Co Pty Ltd v Westpac Banking Corporation (1995) 184 CLR 265 R v Abou-Chabake [2004] NSWCCA 356 Charara v R [2006] NSWCCA 244 Certain Lloyds Underwriters v Cross (2012) 248 CLR 378 Monte v Director of Public Prosecutions (NSW) [2015] NSWSC 318 Category: Principal judgment Parties: Liam Monte (Appellant) Regina (Respondent) Representation: Counsel: Mr S Boland (Appellant)

Solicitors: Alexander Maroulis (Appellant) S Kavanagh, Solicitor for Public Prosecutions (Respondent) File Number(s): 2013/122680