Klewer v R [2016] NSWDC 224

District Court New South Wales

Medium Neutral Citation: Klewer v R [2016] NSWDC 224 Hearing dates: 25 July 2016; 1 August 2016 Date of orders: 01 August 2016 Decision date: 01 August 2016 Jurisdiction: Criminal Before: Letherbarrow SC DCJ Decision: Motion dismissed. Catchwords: Conviction appeal – resist officer and assault police in the execution of duty – motion by appellant seeking leave to be represented by his mother - mother convicted in the Local Court of charges arising from the same incident –mother declared vexatious litigant – institution of proceedings – power to allow unqualified person to appear – McKenzie's friend – whether appellant able to represent himself – self-represented litigant - whether extraordinary circumstances. Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Criminal Procedure Act 1986 (NSW) Vexatious Proceedings Act 2008 (NSW) Cases Cited: Attorney General for New South Wales v Klewer (No 3) [2010] NSWSC 9 North Ganalanja Aboriginal Corporation & Bidanggu Aboriginal Corporation on Behalf of the Waanyi People v The State of Queensland & Ors (1996) 185 CLR 595; [1996] HCA 2 McKenzie v McKenzie [1971] P 33 R v EJ Smith [1982] 2 NSWLR 608 R v Jackson (Court of Criminal Appeal (NSW) 2 December 1980, unrep) Smith v R (1985) 159 CLR 532; [1985] HCA 62 Category: Procedural and other rulings Parties: Regina (Crown) Robert Klewer (Appellant) Representation: Crown: Ms S. Kim Appellant: In person File Number(s): 2015/00028147