Woods v Director of Public Prosecutions (NSW) (No 1) [2015] NSWCA 398

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Woods v Director of Public Prosecutions (NSW) (No 1) [2015] NSWCA 398 Hearing dates: 7 December 2015 Decision date: 07 December 2015 Before: Basten JA; Simpson JA; Tobias AJA Decision: Dismiss the summons filed on 27 February 2014 seeking review of the judgment of the District Court given on 2 October 2013. Catchwords: JUDICIAL REVIEW – criminal convictions – dismissal of appeal by District Court – whether procedural unfairness in District Court – whether constructive failure of District Court to exercise jurisdiction – whether complaints as to fact-finding engaged jurisdictional error Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 9 District Court Act 1973 (NSW), s 176 Drug Misuse and Trafficking Act 1985 (NSW), ss 3, 29; Sch 1 Supreme Court Act 1970 (NSW), s 69 Cases Cited: Downey v Acting District Court Judge Boulton (No 5) (2010) 78 NSWLR 499; [2010] NSWCA 240 Category: Principal judgment Parties: Andrew Keith Woods (Applicant) Director of Public Prosecutions (NSW) (First Respondent) District Court of NSW (Second Respondent) Local Court of NSW (Third Respondent) Representation: Counsel: Applicant in person Mr D T Kell (Respondent) Submitting appearances (Second and Third Respondents)

Solicitors: Solicitor for Public Prosecutions (First Respondent) File Number(s): 2014/61940 Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 2 October 2013 Before: Hanley DCJ File Number(s): 2011/299900