Leach v Director of Public Prosecutions (Cth)

Leach (the applicant) sought judicial review of a decision by the Director of Public Prosecutions (Cth) (the respondent) to refuse to grant a certificate of no objection under s 19(1) of the *Director of Public Prosecutions Act 1983* (Cth) to permit the applicant to appeal against his conviction and sentence for a Commonwealth offence. The application was heard by Gageler J of the High Court of Australia.

The central legal issue before the Court was whether the respondent's decision to refuse the certificate was vitiated by an error of law, specifically whether the respondent had failed to take into account relevant considerations or taken into account irrelevant considerations when assessing the applicant's prospects of success on appeal. The applicant contended that the respondent's assessment of the grounds of appeal was demonstrably flawed, thereby constituting an error of law.

Gageler J reasoned that the respondent's power to grant or refuse a certificate of no objection involved a two-stage process. First, the respondent was required to form a genuine opinion as to whether there were reasonable prospects of success on appeal. Second, if that opinion was formed, the respondent was then required to exercise a discretion as to whether to grant the certificate. His Honour found that the respondent's assessment of the applicant's grounds of appeal was based on an erroneous understanding of the relevant legal principles and the evidence, particularly concerning the admissibility of certain evidence. This misapprehension meant that the respondent had failed to consider the true nature of the grounds of appeal, thereby vitiating the decision-making process.

Consequently, Gageler J quashed the respondent's decision to refuse the certificate and remitted the matter to the respondent for reconsideration according to law.