Devitt v Ross [2018] NSWSC 1675

Supreme Court New South Wales

Medium Neutral Citation: Devitt v Ross [2018] NSWSC 1675 Hearing dates: 25 October 2018 Date of orders: 06 November 2018 Decision date: 06 November 2018 Jurisdiction: Common Law Before: Hoeben CJ at CL Decision: (1) The Amended Summons dated 2 October 2018 is dismissed. (2) There should be no order as to costs. Catchwords: CRIMINAL LAW – procedure – application for leave to appeal out of time against sentence imposed in the Local Court on a ground involving a mixed question of law and fact – appeal incompetent since plaintiff sought to challenge order of Local Court which was no longer operative, District Court having dismissed application for leave to appeal – summons dismissed. Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) – ss 3, 11, 13, 14, 16, 17, 20, 52, 53, 54, 55, 61 Crimes (Sentencing Procedure) Act 1999 (NSW) – ss 9, 10, 44 Supreme Court Rules 1970 (NSW) Pt 51B rr 5, 6 District Court Rules 1973 (NSW) Pt 53 r 12 Cases Cited: Director of Public Prosecutions (NSW) v Dodds and Anor [2005] NSWCA 115 Director of Public Prosecutions (NSW) v Kmetyk [2018] NSWCA 156 JP v Director of Public Prosecutions (NSW) [2015] NSWSC 1669 Kapral v Bunting [2009] NSWSC 749 Nand v Director of Public Prosecutions (NSW) [2016] NSWSC 85 R v Doan (2000) 50 NSWLR 115 R v PL [2009] NSWCCA 256 Wishart v Fraser (1941) 64 CLR 470 Category: Principal judgment Parties: Christopher Devitt – Plaintiff Paul Ross (NSW Police) – Defendant Director of Public Prosecutions (NSW) as Amicus Curiae Representation: Counsel: P Skinner – Plaintiff N Regener (Solicitor) – Defendant Ms CA Webster SC – Director of Public Prosecutions (NSW) as Amicus Curiae