Scott v Director of Public Prosecutions (NSW) [2015] NSWCA 60

Scott v Director of Public Prosecutions (NSW) [2015] NSWCA 60

There was no denial of procedural fairness or apprehended bias; the District Court judge acted in accordance with established practice by giving a Parker warning, and Mr Scott was given proper opportunity to make submissions and decide whether to proceed with his appeals. No jurisdictional error was established.

Jurisdiction
Australia
Judgment Date
18 March 2015
Procedural Posture
Judicial Review / Court of Appeal Decision on Summons Seeking Judicial Review of District Court Decision
Outcome
Summons dismissed
Legal Topics
['judicial Review' 'jurisdictional Error' 'procedural Fairness' 'bias' 'appeals From District Court']
['administrative Law' 'criminal Law'] ['judicial Review' 'jurisdictional Error' 'procedural Fairness' 'bias' 'appeals From District Court']

Case Brief

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Procedural Posture

Judicial Review / Court of Appeal Decision on Summons Seeking Judicial Review of District Court Decision

Legal Issues

  1. 1 ['Whether the District Court judge committed jurisdictional error by failing to afford procedural fairness during the hearing of sentence appeals' 'Whether there was reasonable apprehension of bias by the District Court judge']

Ratio Decidendi

There was no denial of procedural fairness or apprehended bias; the District Court judge acted in accordance with established practice by giving a Parker warning, and Mr Scott was given proper opportunity to make submissions and decide whether to proceed with his appeals. No jurisdictional error was established.

Court Disposition

Summons dismissed

Orders

  • ['Summons dismissed.' "Applicant to pay the first respondent's costs."]