Dacich v Director of Public Prosecutions (No 2)

[2020] NSWCA 298

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › District Court
3. › Criminal jurisdiction
4. › Sentence appeal from Local Court
5. › Judicial review of appeal judgment
6. › Privative provision
7. › Need to establish jurisdictional error
8. › Procedural unfairness
9. › Refusal of adjournment application
10. › Whether existence of application for review of refusal of legal aid required adjournment
11. › Legal Aid Commission Act 1979 (NSW), s 57
1. Appeal
2. › District Court
3. › Criminal jurisdiction
4. › Appeal from Local Court
5. › Whether appeal against conviction
6. › Form of notice of appeal
7. › Whether notice of appeal constitutes application for leave to appeal against conviction following plea of guilty
8. › Crime (Appeal and Review) Act 2001 (NSW), ss 11, 12, 13, 14
1. Appeal
2. › District Court
3. › Criminal jurisdiction
4. › Sentence appeal from Local Court
5. › Procedural unfairness
6. › Alleged incompetence of legal representative
7. › Whether incompetent representation constitutes jurisdictional error
8. › Mental Health (Forensic Provisions) Act 1990 (NSW), s 32
1. Appeal
2. › District Court
3. › Criminal jurisdiction
4. › Sentence appeal from Local Court
5. › Pre-sentence custody
6. › Whether failure to take into account pre-sentence custody constitutes jurisdictional error
7. › Crimes (Sentencing Procedure) Act 1999 (NSW), s 24

Quick Take

The Court held that a notice of appeal following a plea of guilty cannot be treated as a defective application for leave to appeal against conviction under the Crime (Appeal and Review) Act 2001 (NSW), and that a separate application for leave must be lodged within the statutory time limits.