Bagshaw v Director of Public Prosecutions (NSW) [2018] NSWCA 14

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bagshaw v Director of Public Prosecutions (NSW) [2018] NSWCA 14 Hearing dates: 1 February 2018 Decision date: 14 February 2018 Before: McColl JA at [1], Payne JA at [81], Sackville AJA at [82] Decision: Summons dismissed with costs. Catchwords: ADMINISTRATIVE LAW – judicial review – jurisdictional error – severity appeal – where District Court permitted withdrawal of appeal against severity of sentences in Local Court – where judge gave "Parker warning" – where judge terminated applicant's cross-examination of police officer – whether denial of procedural fairness – whether as conducted appeal encompassed a conviction appeal Legislation Cited: Bail Act 2013 (NSW) Crimes Act 1900 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Procedure Act 1986 (NSW) Road Transport Act 2013 (NSW) Cases Cited: Antoun v R [2006] HCA 2; (2006) 80 ALJR 497 Bagshaw v Director of Public Prosecutions (NSW) [2016] NSWCA 340 Engelbrecht v Director of Public Prosecutions (NSW) [2016] NSWCA 290 Kirk v Industrial Relations Commission of New South Wales (2010) 239 CLR 531; [2010] HCA 1 Parker v Director of Public Prosecutions (1992) 28 NSWLR 282 Re Henry; JL v Secretary, Department of Family and Community Services [2015] NSWCA 89 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 214 CLR 1; [2003] HCA 6 Scott v Director of Public Prosecutions (NSW) [2015] NSWCA 60 Yousaf v Director of Public Prosecutions [2012] NSWCA 397 Category: Principal judgment Parties: Leith Bagshaw (Applicant) Director of Public Prosecutions (NSW) (First Respondent) District Court of New South Wales (Second Respondent) Representation: Counsel: Applicant (In person) D Kell SC (First Respondent)