AB v Director of Public Prosecutions [2016] NSWCA 73

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: AB v Director of Public Prosecutions [2016] NSWCA 73 Hearing dates: 16 March 2016 Date of orders: 15 April 2016 Decision date: 15 April 2016 Before: McColl JA [1] Leeming JA [2] Emmett AJA [3] Decision: 1. Extend nunc pro tunc the time for filing the summons up to and including 19 October 2015.

2. Summons filed on 19 October 2015 be dismissed.

3. Applicant pay the costs of the first respondent.

4. Publication of the name, and the disclosure of any other information tending to reveal the identity, of the applicant (who may be referred to as AB), AB's former wife or the complainant (who may be referred to as LR) be prohibited in accordance with s 37 of the Public Health Act. Catchwords: ADMINISTRATIVE LAW (judicial review) – appeal from Local Court to District Court under Crimes (Appeal and Review) Act – whether defendant told victim that he was HIV positive before having unprotected sexual intercourse – evidence – bias – severity of sentence – failure to allow a witness to be called in first appeal – whether primary judge excluded possibility that ex-wife colluded with victim Legislation Cited: Public Health Act 1991 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW Cases Cited: B v Director of Public Prosecutions [2014] NSWCA 232 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Johnson v Johnson [2000] HCA 48; (2000) 201 CLR 488 Laws v Australian Broadcasting Tribunal [1990] HCA 31; (1990) 170 CLR 70 Minister for Immigration and Multicultural Affairs v Jia [2001] HCA 17; (2001) 205 CLR 507 Michael Wilson & Partners v Robert Nicholls [2011] HCA 48; (2011) 244 CLR 427 Re JRL; Ex parte CJL [1986] HCA 39; (1986) 161 CLR 342 Category: Principal judgment Parties: AB (Applicant) Director of Public Prosecutions (Respondent) Representation: Counsel: AB (Applicant self-represented) B Baker (Respondent) File Number(s): 2015/305627 Publication restriction: Yes. See paragraph [27(4)]. Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: New South Wales Date of Decision: 12 December 2014 Before: Finnane DCJ File Number(s): 2012/386507