Kamal Yousaf v Director of Public Prosections (NSW) Sydney

[2013] HCASL 71

KAMAL YOUSAF

v

DIRECTOR OF PUBLIC PROSECTIONS (NSW) SYDNEY

[2013] HCASL 71
S355/2012

1. The applicant was convicted in the Local Court of New South Wales of stalking and intimidating another person with the intention of causing her to fear physical or mental harm, contrary to s 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). He was sentenced to seven months imprisonment.

2. The applicant appealed to the District Court of New South Wales against his conviction and sentence. In the course of hearing the appeal against conviction, Keleman SC DCJ refused an application by the applicant for leave to give fresh evidence pursuant to s 18(2) of the Crimes (Appeal and Review) Act 2001 (NSW). Following the delivery of reasons by Keleman SC DCJ dismissing the appeal against conviction, the applicant sought and was granted leave to withdraw his appeal against sentence.

3. The applicant filed an originating summons in the Court of Appeal of the Supreme Court of New South Wales in relation to the proceedings in the District Court. Section 176 of the District Court Act 1973 (NSW) applied to limit the Court of Appeal on the hearing of the summons to determining whether the decision of the District Court was affected by jurisdictional error. The Court of Appeal dismissed the summons on the basis that the applicant had not shown that any aspect of the decision of the Court of Appeal was so affected. A notice of motion, which related to an order made by the District Court preventing the return of an exhibit to the applicant, was similarly dismissed on the basis that the applicant had shown no ground for review of that order by the Court of Appeal.

4. The applicant seeks special leave to appeal from the orders of the Court of Appeal dismissing his summons and notice of motion.  We see no reason to doubt the correctness of the conclusions reached in the Court of Appeal.  An appeal to this Court would have insufficient prospects of success to warrant a grant of special leave to appeal.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

V.M. Bell
8 May 2013 S.J. Gageler