Dacich v Director of Public Prosecutions (No 1)

The applicant, Mr Dacich, sought judicial review of a decision by the Director of Public Prosecutions. The dispute concerned the applicant's request for an adjournment of his criminal proceedings, which had a protracted procedural history. The matter came before the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether it should grant an adjournment of the applicant's sentence appeal. This involved considering the applicant's claim that he had lodged an internal appeal from a refusal of legal aid and assessing the bona fides of his attempts to obtain legal representation. The Court also had to consider the general requirement for finality in criminal proceedings.

The Court reasoned that the applicant had not demonstrated a sufficient basis for an adjournment. While acknowledging the importance of legal representation, the Court found that the applicant had not established that his attempts to secure it were bona fide or that the refusal of legal aid was the sole impediment to his appeal proceeding. The Court emphasised the need for finality in criminal matters and noted that the applicant had been afforded ample opportunity to arrange representation. The Court applied the principle that adjournments are exceptional and require a strong justification, particularly in the context of criminal appeals where finality is a significant consideration.

The Court of Appeal dismissed the applicant’s notice of motion filed on 26 August 2020.