Da Silva v R [2016] NSWCCA 40

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Da Silva v R [2016] NSWCCA 40 Hearing dates: 11 March 2016 Decision date: 11 March 2016 Before: Basten JA at [1]; R A Hulme J at [30]; Button J at [31] Decision: (1) Extend the time for lodging an application for leave to appeal pursuant to s 5F of the Criminal Appeal Act from the judgment of Johnson J delivered on 14 December 2015.

(2) Refuse leave to appeal. Catchwords: APPEAL – bias – interlocutory appeal – pre-trial management in relation to trial on indictment – judge drew authorities to parties' attention before hearing – whether that conduct indicated pre-judgment

PRACTICE AND PROCEDURE – criminal appeal – application to stay trial pending committal hearing – committal hearing waived – application to waive signed by applicant's solicitor – DPP finds bill – applicant arraigned – no indication as to purpose of committal – whether application futile – Criminal Procedure Act 1986 (NSW), s 68, s 91

PRACTICE AND PROCEDURE – criminal appeal – application for change of venue due to pre-trial publicity – whether jury selection likely to fail to produce impartial jury - Jury Act 1977 (NSW), s 38; Criminal Procedure Act 1986, s 30 Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5F Criminal Procedure Act 1986 (NSW), ss 30, 68 Jury Act 1977 (NSW), s 38 Cases Cited: Barron v Attorney General (1987) 10 NSWLR 215 Barton v The Queen (1980) 147 CLR 75 Crowe v Director of Public Prosecutions (NSW) [2015] NSWSC 747 Hiroti v The Queen [1997] NTSC 103; 140 FLR 366; 95 A Crim R 72 Johnson v Johnson (2000) 201 CLR 488; [2000] HCA 48 Potier v Magistrate Maloney [2005] NSWSC 336 R v Rawlinson [2013] NSWSC 1722 Sergi v Director of Public Prosecutions (Court of Appeal, unrep, 10 September 1991) Category: Principal judgment Parties: Ricardo Francis Herman Da Silva (Applicant) Regina (Respondent) Representation: Counsel: Applicant self-represented Mr E Balodis (Respondent)