Bagshaw v Director of Public Prosecutions (NSW)

[2016] NSWCA 340

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › District Court dismissal of appeal from Local Court
5. › Whether District Court lacked jurisdiction where applicant convicted in absence and had not applied for annulment
6. › Crimes (Appeal and Review) Act 2001 (NSW), ss 4, 11, 12
1. Administrative Law
2. › Procedural fairness
3. › Apprehended bias
4. › Whether fair-minded lay observer might reasonably apprehend judge might not bring impartial mind
5. › Whether subsequent conduct of judge relevant to assessment of bias at earlier hearing
6. › Whether judicial comments on implausibility of explanation constituted bias
1. Criminal Law
2. › Appeal and review
3. › Appeals from Local Court to District Court
4. › Conviction entered in absence of defendant
5. › Precondition of annulment application under s 4 before leave to appeal under s 12
6. › Crimes (Appeal and Review) Act 2001 (NSW), ss 4, 11, 12

Quick Take

Section 12(2)(a) of the Crimes (Appeal and Review) Act 2001 (NSW) operates as a strict jurisdictional bar: a person convicted in their absence in the Local Court cannot seek leave to appeal to the District Court under s 12 without first applying for annulment under s 4. Subsequent judicial conduct (including firm case management comments) cannot be relied upon to establish apprehended bias in respect of an earlier decision on a different question.