Wilson v Director of Public Prosecutions (NSW) [2017] NSWCA 128

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wilson v Director of Public Prosecutions (NSW) [2017] NSWCA 128 Hearing dates: 18 May 2017 Decision date: 06 June 2017 Before: Bathurst CJ [1]; Basten JA [2]; Meagher JA [18] Decision: Appeal dismissed. Catchwords: STATUTES – Acts of Parliament – operation and effect of statues – where criminal offence under repealed provision preserved by Interpretation Act 1986 (NSW), s 30 – where in repealed provision, by Crimes Act 1900 (NSW), s 580F(3), reference to "penal servitude" taken to be reference to "imprisonment" – whether reference to "imprisonment" made offence under repealed provision a "serious indictable offence" to which Crimes Act, s 316 capable of applying

CRIMINAL LAW – general matters – where common law offence of misprision of felony abolished and statutory concealment offence created – where appellant charged under Crimes Act 1900 (NSW), s 316(1) with failing to bring material information to attention of police concerning offence under Crimes Act, s 81 alleged to have been committed before that section repealed in 1984 - whether Crimes Act, s 316 capable of applying to that offence in respect of non-disclosure of information in 2004-2006

WORDS & PHRASES – "serious indictable offence" – "penal servitude" – "imprisonment" Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Crimes Act 1900 (NSW), ss 4, 9, 78K, 81, 311, 313, 316, 341, 580E, 580F, 580G Crimes (Appeal and Review) Act 2001 (NSW), s 53 Crimes (Amendment) Act 1984 (NSW), Sch 1, item 8 Crimes Legislation Amendment (Sentencing) Act 1999 (NSW), Sch 3 [45] Crimes (Public Justice) Amendment Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) ss 3, 259, 260; Sch 1, Table 1, item 1, 15, Interpretation Act 1987 (NSW), ss 5, 30(1) Interpretation Act 1889 (UK), s 38 Supreme Court 1970 (NSW), s 101(2) Uniform Civil Procedure Rules, r 36.16 Cases Cited: Coleman v Shell Co of Australia Ltd (1943) 45 SR (NSW) 27 Commissioner of Taxation v Price (2006) 2 Qd R 316; [2006] QCA 108 Maxwell v Murphy (1957) 96 CLR 261 NSW v Corbett (2007) 230 CLR 606 R v Fisher (Charles) (1969) 1 WLR 8 R v Plummer (Court of Criminal Appeal (NSW), Gleeson CJ, Lee CJ at CL and Campbell J, 12 July 1989, unrep) Reg v Farlow [1980] 2 NSWLR 166 The Commonwealth v SCI Operations Pty Ltd (1998) 192 CLR 285; [1998] HCA 20 Victorian Stevedoring & General Contracting Co Pty Ltd v Dignan (1931) 46 CLR 73 Texts Cited: New South Wales Law Reform Commission, Review of s 316 of the Crimes Act 1900 (NSW), LRC No 93 New South Wales Law Reform Commission, Sentencing, LRC No 79 New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 28 October 1999 Category: Principal judgment Parties: Philip Wilson (Appellant) Director of Public Prosecutions (NSW) (Respondent) Representation: Counsel: B Walker SC with S Buchen and G Huxley (Appellant) L Babb SC with G Harrison and B Baker (Respondent)