Toth v Director of Public Prosecutions (NSW) [2017] NSWCA 344

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Toth v Director of Public Prosecutions (NSW) [2017] NSWCA 344 Hearing dates: 10 November 2017 Date of orders: 22 December 2017 Decision date: 22 December 2017 Before: Leeming JA at [1]; White JA at [2]; Barrett AJA at [91] Decision: (1) Order that the time for commencing these proceedings fixed by r 59.10 of the Uniform Civil Procedure Rules 2005 (NSW), be extended to the date of filing of the applicant's summons.

(2) Order that the orders of the District Court made on 22 March 2017 be quashed.

(3) Order that the applicant's notice of appeal to the District Court dated 30 May 2016, being an appeal from orders made by Viney LCM on 30 May 2016, be remitted to the District Court to be determined by the District Court as differently constituted and according to law.

(4) Order that the first respondent pay the applicant's costs of proceedings in this Court. Catchwords: CRIMINAL LAW — Procedure — Miscellaneous powers of courts and judges — summons for judicial review of District Court — appeal against conviction — conviction under Crimes Act 1900 (NSW) s 91L — voyeurism and related offences — Crimes (Appeal and Review) Act 2001 (NSW) s 18 — hearing in District Court was to be by way of rehearing on the basis of evidence given in the Local Court — whether primary judge misconceived the nature of the appeal — whether primary judge conducted a hearing de novo — primary judge made own assessment of credibility of the accused's credibility and failed to take into account Local Court's findings on credibility