Noufl v Director of Public Prosecutions (NSW) [2018] NSWSC 1238

Supreme Court New South Wales

Medium Neutral Citation: Noufl v Director of Public Prosecutions (NSW) [2018] NSWSC 1238 Hearing dates: 25 July 2018 Date of orders: 09 August 2018 Decision date: 09 August 2018 Jurisdiction: Common Law Before: Hamill J Decision: (1) The application is refused for want of jurisdiction. (2) If a release application is made to the District Court, I recommend to the Registrar of that Court that it be given expedition and listed as a matter of urgency. (3) If a release application is made to the Court of Criminal Appeal, I recommend to the Registrar that it be dealt with expeditiously. (4) I recommend that the transcript of the proceedings and judgment on sentence be prepared and revised as a matter of urgency. (5) The parties have leave to approach my Associate with a view to listing the application as a matter of urgency should the circumstances relating to jurisdiction change. Catchwords: CRIMINAL LAW – release application – bail pending appeal to the Court of Criminal Appeal – appeal against sentence imposed in District Court – whether single judge has power to hear release application – where bail not sought in the District Court – whether Supreme Court is the Court of Criminal Appeal for purpose of powers granted under Bail Act – where jurisdiction in single judge hitherto assumed – novel submissions by prosecutor – submissions accepted –– construction of Bail Act 2013 – where earlier legislation gave jurisdiction to single judge – second reading speech – possible unintended removal of Court's power – point never previously raised – absence of relevant authorities – statutory language clear – inherent jurisdiction unable to cure absence of statutory power – lost luggage Legislation Cited: Bail Act 1978 (NSW) s 28 Bail Act 2013 (NSW) ss 3, 5(1)(d), 18, 22, 48, 61, 62, 63, 66, 67, 68, and 90 Civil Procedure Act 2005 (NSW) s 14 Criminal Appeal Act 1912 (NSW) ss 3, 10, 22 and 29 Suitors Fund Act 1951 (NSW) s 6 Supreme Court Act 1970 (NSW) ss 23, 51(1) and 101(5) Third Charter of Justice, Letters Patent of 13 October 1823 Cases Cited: Director of Public Prosecutions (NSW) v Moradian, Saliba and Sparos [2010] NSWCCA 27 Director of Public Prosecutions (NSW) v Tikomaimaleya [2015] NSWCA 83 Director of Public Prosecutions (NSW) v Tony Mawad [2015] NSWCCA 227 El-Hilli and Melville v R [2015] NSWCCA 146 Mahaffy v Mahaffy [2018] NSWCA 42 Menzies v Paccar Financial Pty Ltd [2016] NSWCA 280 Obeid v R (No 2) [2016] NSWCCA 321 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 R v Jefferys (Supreme Court (NSW), Rothman J, 17 December 2014, unrep) R v Mahaffy [2016] NSWSC 1085 R v Moore [2015] NSWSC 1262 R v Paul Campbell (a pseudonym) [2017] NSWSC 1844 R v Thomas [2014] NSWSC 1975 R v Yaghi (Supreme Court (NSW), Rothman J, 1 July 2014, unrep) R v Younan [2016] NSWSC 197 The Owners of the Ship "Shin Kobe Maru" v Empire Shipping Company Inc (1994) 181 CLR 404; [1994] HCA 54 Texts Cited: New South Wales, Parliamentary Debates, Legislative Assembly, 1 May 2013 Category: Principal judgment Parties: Mohammad Noufl (Applicant) Director of Public Prosecutions (NSW) (Respondent) Representation: Counsel: D Hawkins (Applicant) M Reville (Respondent)