Nand v Director of Public Prosecutions (NSW) [2016] NSWSC 85

Nand v Director of Public Prosecutions (NSW) [2016] NSWSC 85

The application to extend time was refused because the delay of over fifteen months was lengthy and unexplained, the plaintiff's proposed ground based on alleged non-compliance with s 192 of the Criminal Procedure Act 1986 (NSW) was not fairly arguable in light of Collier v Director of Public Prosecutions (NSW), and any appeal would in any event be incompetent because the operative decision was the District Court's dismissal of the plaintiff's application for leave to appeal against conviction, not the Local Court conviction challenged in the summons.

Jurisdiction
Australia
Judgment Date
18 February 2016
Procedural Posture
Application for Leave to Appeal Out of Time Against Conviction in the Local Court on a Ground Involving Mixed Law and Fact / Supreme Court Summons Seeking Extension of Time and Leave to Appeal; Relief Under S 69 of the Supreme Court Act 1970 (nsw) Not Pressed
Outcome
Application to extend time refused; summons dismissed; plaintiff ordered to pay the defendants' costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'plea of Guilty in Local Court' 'criminal Procedure Act 1986 (nsw) S 192' 'legal Practitioner Entering Plea for Accused' 'wishart V Fraser Principle' 'district Court Appeal From Local Court' 'anshun Estoppel']
['criminal Law' 'criminal Procedure' 'appeals' 'jurisdiction of Courts'] ['extension of Time' 'leave to Appeal' 'plea of Guilty in Local Court' 'criminal Procedure Act 1986 (nsw) S 192' 'legal Practitioner Entering Plea for Accused' 'wishart V Fraser Principle' 'district Court Appeal From Local Court' 'anshun Estoppel']

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Procedural Posture

Application for Leave to Appeal Out of Time Against Conviction in the Local Court on a Ground Involving Mixed Law and Fact / Supreme Court Summons Seeking Extension of Time and Leave to Appeal; Relief Under S 69 of the Supreme Court Act 1970 (nsw) Not Pressed

Legal Issues

  1. 1 ['Whether time should be extended for the plaintiff to seek leave to appeal to the Supreme Court against his Local Court conviction.' 'Whether the plaintiff had a fairly arguable ground that his guilty plea was invalid because it was entered by his solicitor rather than personally by him.' 'Whether the Local Court complied with s 192 of the Criminal Procedure Act 1986 (NSW) by stating the substance of the offence to the accused person.' "Whether any appeal to the Supreme Court would be incompetent because the Local Court conviction was no longer the operative order after the District Court dismissed the plaintiff's application for leave to appeal against conviction."]

Ratio Decidendi

The application to extend time was refused because the delay of over fifteen months was lengthy and unexplained, the plaintiff's proposed ground based on alleged non-compliance with s 192 of the Criminal Procedure Act 1986 (NSW) was not fairly arguable in light of Collier v Director of Public Prosecutions (NSW), and any appeal would in any event be incompetent because the operative decision was the District Court's dismissal of the plaintiff's application for leave to appeal against conviction, not the Local Court conviction challenged in the summons.

Court Disposition

Application to extend time refused; summons dismissed; plaintiff ordered to pay the defendants' costs.

Orders

  • ['Refuse the application to extend the time for filing the summons.' 'Dismiss the summons.' "Order the plaintiff to pay the defendants' costs of the proceedings."]