Nguyen v Director of Public Prosecutions (NSW)

[2020] NSWCA 173

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judicial review
3. › Extension of time
4. › Summons filed seven months out of time
5. › No satisfactory explanation for delay
6. › Whether extension should be granted
7. › UCPR r 59.10(1)
1. Practice and Procedure
2. › Judicial review
3. › Discretionary relief
4. › Utility of relief
5. › Whether utility where sentence substantially served
1. Criminal Law
2. › Sentence
3. › Appeal from Local Court to District Court
4. › Judicial review of District Court sentence
5. › Whether jurisdictional error in District Court sentencing
6. › Crimes (Appeal and Review) Act 2001 (NSW), s 63

Quick Take

Practitioners seeking judicial review of criminal sentences should file within the three-month time limit and be aware that delay resulting in the sentence being substantially served will undermine the utility of the relief sought.

Case Details

Citation[2020] NSWCA 173

CourtNSWCA

JurisdictionNew South Wales

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