El-Saeidy v Director of Public Prosecutions [2018] NSWCA 127

El-Saeidy v Director of Public Prosecutions [2018] NSWCA 127

The adjournment application was refused because Mr El-Saeidy had ample notice, had received numerous indulgences, and advanced no medical or other acceptable reason for being unable to proceed; Dietrich did not support a right to representation in these proceedings. The summons for judicial review was dismissed because none of the 31 grounds established jurisdictional error by Delaney ADCJ: the complaints either lacked a factual basis, alleged only unsupported bias or procedural unfairness, or concerned fact finding and evidentiary rulings that, even if erroneous, were errors within jurisdiction.

Jurisdiction
Australia
Judgment Date
14 June 2018
Procedural Posture
Judicial Review of District Court Criminal Appeal Decision Concerning Convictions for Contravening Apprehended Violence Orders / Court of Appeal Hearing of Amended Summons for Judicial Review
Outcome
Mr El-Saeidy's summons for judicial review is dismissed with costs.
Legal Topics
['jurisdictional Error' 'contravention of Apprehended Violence Orders' 'adjournment Application' 'procedural Fairness' 'evidence and Fact Finding on Appeal']
['judicial Review' 'criminal Law' 'domestic and Personal Violence'] ['jurisdictional Error' 'contravention of Apprehended Violence Orders' 'adjournment Application' 'procedural Fairness' 'evidence and Fact Finding on Appeal']

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Procedural Posture

Judicial Review of District Court Criminal Appeal Decision Concerning Convictions for Contravening Apprehended Violence Orders / Court of Appeal Hearing of Amended Summons for Judicial Review

Legal Issues

  1. 1 ['Whether the hearing should be adjourned to allow Mr El-Saeidy to obtain legal representation or because of his asserted inability to concentrate on the proceedings.' "Whether Delaney ADCJ committed jurisdictional error in dismissing Mr El-Saeidy's District Court appeal against three convictions for offences contrary to s 14(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW)." 'Whether grounds alleging bias, procedural unfairness, factual error, evidentiary error, failures concerning corroboration, credibility, cross-examination and CCTV evidence identified jurisdictional error rather than errors within jurisdiction.']

Ratio Decidendi

The adjournment application was refused because Mr El-Saeidy had ample notice, had received numerous indulgences, and advanced no medical or other acceptable reason for being unable to proceed; Dietrich did not support a right to representation in these proceedings. The summons for judicial review was dismissed because none of the 31 grounds established jurisdictional error by Delaney ADCJ: the complaints either lacked a factual basis, alleged only unsupported bias or procedural unfairness, or concerned fact finding and evidentiary rulings that, even if erroneous, were errors within jurisdiction.

Court Disposition

Mr El-Saeidy's summons for judicial review is dismissed with costs.

Orders

  • ["Mr El-Saeidy's summons for judicial review is dismissed with costs."]