Balach v Office of the Director of Public Prosecutions [2019] NSWSC 377

Supreme Court New South Wales

Medium Neutral Citation: Balach v Office of the Director of Public Prosecutions [2019] NSWSC 377 Hearing dates: 2 April 2019 Date of orders: 02 April 2019 Decision date: 02 April 2019 Jurisdiction: Common Law Before: Campbell J Decision: Orders in accordance with the consent order (see paragraph [14]) Catchwords: CRIMINAL LAW – Section 52, crimes appeal and review Act – Appeal to Supreme Court – person convicted or sentenced in Local Court has right to appeal to Supreme Court – ground must involve question of law – magistrate erred because reasons did not adhere to legal standard – conviction and sentence quashed – matter remitted to Local Court

CRIMINAL LAW – Local Court – crimes sentencing procedure Act – section 10 – practice and procedure –absence of the defendant Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), s 52 Criminal Procedure Act 1986 (NSW), ss 182, 209 Crimes (Sentencing Procedure) Act 1999 (NSW), s 10 Cases Cited: Hayes v Office of the Director of Public Prosecutions [2019] NSWSC 378 Roylance v Director of Public Prosecutions [2018] NSWSC 933 Soulemezis v Dudley (Holdings) Pty Limited (1987) 10 NSWLR 247 Category: Procedural and other rulings Parties: Mir Muhammad Balach (Plaintiff) Office of the Director of Public Prosecutions (Defendant) Representation: Counsel: M. Burke (Plaintiff) W. Langley (Defendant)

Solicitors: Armstrong Legal (Plaintiff) File Number(s): 2918/59826