Margan v NSW Director of Public Prosecutions [2013] NSWCA 367

Margan v NSW Director of Public Prosecutions [2013] NSWCA 367

Leave to appeal was refused because the applicant did not persuade the Court that an appeal from Grove AJ's decision would have any significant prospect of success; Macfarlan JA agreed with Grove AJ's rejection of the applicant's reasons for saying the six month time limit was inapplicable, and Meagher JA agreed.

Jurisdiction
Australia
Judgment Date
30 October 2013
Procedural Posture
Application for Leave to Appeal / Court of Appeal of the Supreme Court of New South Wales
Outcome
The application for leave to appeal is dismissed with costs.
Legal Topics
['application for Leave to Appeal' 'homosexual Vilification' 'summary Offences' 'limitation Period for Prosecution' 'prosecutorial Functions']
['appeals' 'anti Discrimination Law' 'criminal Procedure'] ['application for Leave to Appeal' 'homosexual Vilification' 'summary Offences' 'limitation Period for Prosecution' 'prosecutorial Functions']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Court of Appeal of the Supreme Court of New South Wales

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from the dismissal of the applicant's summons seeking a declaration that the Director of Public Prosecutions' advice was incorrect." 'Whether an offence under s 49ZTA of the Anti-Discrimination Act 1977 was a summary offence subject to the six month time limit in s 179(1) of the Criminal Procedure Act 1986.' 'Whether the alleged offence was a continuing offence because the impact of the conduct was felt after 9 August 2010.' 'Whether s 89B(2)(b) of the Anti-Discrimination Act 1977 extended the six month time limit to 12 months.']

Ratio Decidendi

Leave to appeal was refused because the applicant did not persuade the Court that an appeal from Grove AJ's decision would have any significant prospect of success; Macfarlan JA agreed with Grove AJ's rejection of the applicant's reasons for saying the six month time limit was inapplicable, and Meagher JA agreed.

Court Disposition

The application for leave to appeal is dismissed with costs.

Orders

  • ['The application for leave to appeal is dismissed with costs.']