Sullivan v Director of Public Prosecutions (NSW) [2020] NSWSC 253

Supreme Court New South Wales

Medium Neutral Citation: Sullivan v Director of Public Prosecutions (NSW) [2020] NSWSC 253 Hearing dates: 3 March 2020 Date of orders: 20 March 2020 Decision date: 20 March 2020 Jurisdiction: Common Law Before: Hamill J Decision: (1) The application for an extension of time in which to appeal against the conviction is refused. (2) The application to extend the time for commencing judicial review proceedings in relation to the refusal to annul the conviction is granted. (3) The decision of the Local Court on 7 December 2015 in New South Wales Police Force v Sullivan [2015] NSWLC 28 is quashed. (4) The annulment application is remitted to the Local Court to be dealt with according to law. (5) The parties are to pay their own costs. Catchwords: CRIMINAL LAW – appeal against conviction – delay in bringing appeal – financial disadvantage – whether party to whom disadvantage flowed needs to be established beyond reasonable doubt – where credit card owner named in Court Attendance Notice – whether particular needs to be established – issue at first instance – whether accused was authorised to use the card – deception – whether prosecution required to call merchants to prove they were deceived – circumstantial case – inference that merchants deceived open on the evidence – no merit in conviction appeal – leave to extend time refused

CRIMINAL LAW – application to annul conviction – where applicant present at original hearing – where Minister referred annulment application to Local Court – application of wrong test – interests of justice – no requirement to establish exceptional circumstances