Dogramaci v Director of Public Prosecutions (NSW)

[2022] NSWCA 83

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › District Court exercising criminal appellate jurisdiction
5. › Whether denial of procedural fairness to self-represented litigant
6. › Whether judge's statements about being constrained to Local Court evidence constituted jurisdictional error
7. › Supreme Court Act 1970 (NSW), s 69
8. › Crimes (Appeal and Review) Act 2001 (NSW), ss 18, 19
1. Criminal Law
2. › Appeal and review
3. › Appeal from Local Court to District Court
4. › Appeal by way of rehearing on evidence
5. › Fresh evidence on appeal
6. › Whether self-represented appellant denied opportunity to apply to adduce fresh evidence
7. › Crimes (Appeal and Review) Act 2001 (NSW), ss 11(1), 18(1), 18(2), 19
1. Practice and Procedure
2. › Extension of time
3. › Late filing of summons for judicial review
4. › Whether extension should be granted
5. › Uniform Civil Procedure Rules 2005 (NSW), r 59.10

Quick Take

A District Court judge has a duty to a self-represented appellant to inform them of the right to apply for fresh evidence under s 18(2) of the CAR Act, but not to advise whether to exercise that right; failure to make a formal application will not ground a finding of procedural unfairness.