Nand v Director of Public Prosecutions (NSW) [2016] NSWSC 85

Supreme Court New South Wales

Medium Neutral Citation: Nand v Director of Public Prosecutions (NSW) [2016] NSWSC 85 Hearing dates: 15 February 2016 Decision date: 18 February 2016 Jurisdiction: Common Law Before: Adamson J Decision: (1) Refuse the application to extend the time for filing the summons. (2) Dismiss the summons. (3) Order the plaintiff to pay the defendants' costs of the proceedings. Catchwords: CRIMINAL LAW – procedure – application for leave to appeal out of time against conviction in Local Court on a ground involving mixed question of law and fact CRIMINAL LAW – procedure – compliance of plea in Local Court with Criminal Procedure Act – legal representative entered plea on behalf of accused – whether substance of charge sufficiently stated to accused APPEALS – appeal incompetent since plaintiff sought to challenge order of Local Court which was no longer operative as District Court had dismissed application for leave to appeal JURISDICTION OF COURTS – procedure to preserve appeal rights in District Court when summons for leave to appeal filed in Supreme Court against same decision of Local Court Legislation Cited: Crimes Act 1900 (NSW), ss 59, 61 Crimes (Appeal and Review) Act 2001 (NSW), ss 11, 12, 13, 17, 18, 20, 29, 52, 53, 60 Criminal Procedure Act 1986 (NSW), ss 3, 36, 37, 99-102, 154, 155, 170, 182, 192, 193 District Court Act 1973 (NSW), s176 Justices Act 1902 (NSW) (now repealed), s 112 Mental Health (Forensic Provisions) Act 1990 (NSW), s32 Supreme Court Act 1970 (NSW), s 69 Supreme Court Rules 1970 (NSW), Pt 51B, r 3, r 5 Uniform Civil Procedure Rules 2005 (NSW), r 59.10 Cases Cited: Blacker v Parnell [1978] 1 NSWLR 616 Burrell v The Queen [2008] HCA 34; 238 CLR 218 Campbell v DPP (NSW) [2008] NSWSC 1284 Collier v Director of Public Prosecutions (NSW) [2011] NSWCA 202 Denning v Department of Environment [2007] NSWLEC 258 Dyason v Butterworth [2015] NSWCA 52 Garde v Dowd [2011] NSWCA 115; 80 NSWLR 620 JP v Director of Public Prosecutions (NSW) [2015] NSWSC 1669 Kirk v Industrial Relations Court of New South Wales [2010] HCA 1; 239 CLR 531 Lazarus v DPP (NSW) [2015] NSWSC 1776 McKellar v DPP [2014] NSWSC 459 Navazi v New South Wales Land and Housing Corporation [2015] NSWCA 308 Pace v Read [2000] NSWSC 823 Port of Melbourne Authority v Anshun Pty Ltd (No.1) (1980) 147 CLR 35 R v Duffield and Dellapatrona (1992) 28 NSWLR 638 Sinkovich v Attorney-General of New South Wales [2013] NSWCA 383; 85 NSWLR 783 Wishart v Fraser (1941) 64 CLR 470 Category: Principal judgment Parties: Francis Nand (Plaintiff) Director of Public Prosecutions (NSW) (First Defendant) Local Court of New South Wales (Second Defendant) District Court of New South Wales (Third Defendant) Representation: Counsel: G Wendler (Plaintiff) J Davidson (First Defendant)