Cmunt, Jiri v New South Wales Commissioner of Police; Cmunt, Marie v New South Wales Commissioner of Police [2019] NSWCCA 177

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Cmunt, Jiri v New South Wales Commissioner of Police; Cmunt, Marie v New South Wales Commissioner of Police [2019] NSWCCA 177 Hearing dates: 27 May 2019 Decision date: 02 August 2019 Before: Simpson AJA at [1]; Walton J at [19]; Adamson J at [20] Decision: The question submitted should be answered "No". Catchwords: CRIMINAL LAW – case stated pursuant to Criminal Appeal Act 1912 (NSW), s 5BA – where only route of appeal against sentence and conviction in Local Court is in Land and Environment Court – where appeal to District Court dismissed on jurisdictional grounds – whether summons seeking appeal in Land and Environment Court filed out of time should be dismissed – stated case defective Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 31, 33 Criminal Appeal Act 1912 (NSW), s 5BA(1) Protection of the Environment Operations Act 1997 (NSW), s 277(1)(b) Cases Cited: Collins v State Rail Authority of New South Wales (1986) 5 NSWLR 209 Ladbrokes Digital Australia Pty Ltd v Liquor & Gaming NSW [2019] NSWCCA 26 Lavorato v R (2012) 82 NSWLR 568; [2012] NSWCCA 61 Talay v R [2010] NSWCCA 308 Category: Principal judgment Parties: In proceedings 2018/391722; 2018/391765: Jiri Thomas Cmunt (Appellant) New South Wales Commissioner of Police (Respondent)

In proceedings 2018/391740; 2018/391776; 2018/391781; 2018/391790; 2018/391794: Marie Cmunt (Appellant) New South Wales Commissioner of Police (Respondent) Representation: Counsel: In person (Appellants) M Seymour (Respondent)