Lewis v Sergeant Riley [2017] NSWCA 272

Lewis v Sergeant Riley [2017] NSWCA 272

Section 115A of the Crimes (Forensic Procedures) Act 2000 (NSW) does not impliedly exclude the operation of s 70(1)(b) of the Local Court Act 2007 (NSW); the District Court retains jurisdiction to determine appeals from Local Court orders made under the Crimes (Forensic Procedures) Act, and the availability of an appeal to the Supreme Court under s 115A does not by necessary implication or legislative intention deprive parties of the right of appeal to the District Court under s 70(1)(b).

Parties
First Applicant: Kristopher Stephen Luke Lewis; Second Applicant: Brett Clark; First Respondent: Sergeant Darren Riley; Second Respondent: Constable Natasha Humphries; Third Respondent: District Court of New South Wales
Jurisdiction
Australia
Judgment Date
27 October 2017
Procedural Posture
Appeal / Decision on Judicial Review of District Court's Jurisdiction Decision
Outcome
District Court's decision set aside; declaration made that District Court has jurisdiction; time for filing summons extended.
Legal Topics
Appellate Jurisdiction, Concurrent Appellate Rights, Forensic Procedure Orders, Statutory Construction, Implied Repeal
Administrative Law Criminal Procedure Statutory Interpretation Appellate Jurisdiction Concurrent Appellate Rights Forensic Procedure Orders Statutory Construction Implied Repeal

Case Brief

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Parties

Kristopher Stephen Luke Lewis

First Applicant

Brett Clark

Second Applicant

Sergeant Darren Riley

First Respondent

Constable Natasha Humphries

Second Respondent

District Court of New South Wales

Third Respondent

Procedural Posture

Appeal / Decision on Judicial Review of District Court's Jurisdiction Decision

Legal Issues

  1. 1 Whether the District Court has jurisdiction to hear an appeal from a forensic procedure order made under s 75L of the Crimes (Forensic Procedures) Act 2000 (NSW)
  2. 2 Whether s 115A of the Crimes (Forensic Procedures) Act provides an exclusive avenue of appeal to the Supreme Court, excluding s 70(1)(b) of the Local Court Act 2007 (NSW)

Ratio Decidendi

Section 115A of the Crimes (Forensic Procedures) Act 2000 (NSW) does not impliedly exclude the operation of s 70(1)(b) of the Local Court Act 2007 (NSW); the District Court retains jurisdiction to determine appeals from Local Court orders made under the Crimes (Forensic Procedures) Act, and the availability of an appeal to the Supreme Court under s 115A does not by necessary implication or legislative intention deprive parties of the right of appeal to the District Court under s 70(1)(b).

Court Disposition

District Court's decision set aside; declaration made that District Court has jurisdiction; time for filing summons extended.

Orders

  • Extend time for the filing of the summons seeking to review the decision of the District Court of 13 September 2016 up to and including 23 May 2017.
  • Set aside the decision of the District Court holding that that Court had no jurisdiction to consider an appeal from an order made in the Local Court pursuant to s 75L of the Crimes (Forensic Procedures) Act 2000 (NSW).