Bagshaw v Director of Public Prosecutions (NSW)

The applicant, Bagshaw, sought judicial review of the District Court's dismissal of his purported appeal against convictions entered in his absence by the Local Court. The District Court judge had dismissed the appeal on the basis that the court lacked jurisdiction, as the applicant had not first made an application under section 4 of the *Crimes (Appeal and Review) Act 2001* (NSW) for the annulment of the Local Court convictions. The applicant contended that the District Court judge had demonstrated apprehended bias.

The primary legal issues before the Court of Appeal were whether the District Court judge had erred in finding a want of jurisdiction to hear the appeal, and whether there was a reasonable apprehension of bias on the part of the District Court judge. The alleged bias arose from events occurring after the hearing and the decision to dismiss the appeal.

The Court of Appeal, in dismissing the summons, found that the District Court judge had correctly determined that it lacked jurisdiction to entertain the appeal in the absence of a prior application for annulment of the convictions under section 4 of the *Crimes (Appeal and Review) Act 2001*. Regarding the apprehended bias, the court held that a fair-minded lay observer, properly informed of the facts, would not reasonably apprehend that the District Court judge might not bring an impartial or unprejudiced mind to the matter. The alleged bias was not substantiated.

The summons was dismissed with costs.