Federal Court of Australia
CATCHWORDS
Justices - procedure - complaint for offence - costs of successful defendant - general principles - Justices
Act (Northern Territory) 1928 s.77(1)
LUIGI CINO CILLI v. JOHN ALBERT ABBOTT
(No. NTG 19 of 1980)
Coram: KEELY, TOOHEY & FISHER JJ.
Place: Darwin
Date: 2 June 1981
IN THE FEDERAL COURT OF AUSTRALIA
) ) NORTHERN TERRITORY DISTRICT REGISTRY ) No. NTG 19 of 1980 ) )
GENERAL DIVISION
ON APPEAL from the Supreme Court of the Northern Territory of Australia
No. 594 of 1980
BETWEEN: LUIGI GINO CILLI
Appellant
AND: JOHN ALBERT ABBOTT
Respondent
Coram: KEELY, TOOHEY & FISHER JJ.
2 June 1981
REASONS FOR JUDGMENT
Z On 9 June 1980 ian the Court of Summary Jurisdiction at
Darwin, the magistrate dismissed*a complaint against the appellant Luigi Gino Cilli of driving a motor vehicle on a public street on 2 December 1979 while disqualified from
holding a driving licence.
There was evidence that the appellant was driving a motor vehicle on the day alleged in the complaint and that
he was involved in an accident.
The prosecution tendered in evidence, without objection, a certificate from the Deputy Registrar of Motor Vehicles that on the relevant day no driving licence was held by one Luigi Gino Cilli, and also a certificate from the Clerk of the Court of Summary Jurisdiction that on 29 April 1979 one Luigi Gino C1lli was convicted of driving while having a concentration of alcohol in his blood of the amount there set out and that as a result he was disqualified from driving or obtaining a licence for
a period of 18 months.
At the conclusion of the prosecution's case, counsel for the defendant announced that his client's case was that he was not driving the vehicle on the day in question and that he would call the defendant. Thereupon, the Magistrate asked counsel for the prosecution how she could use the certificate of conviction. The transcript merely notes that at this point there wete addresses to the court but it is clear that what the magistrate was questioning was the lack of evidence linking the Luigi Cino C1illi named in the certificate of conviction with the defendant. The prosecution applied to reopen its case to call evidence that the defendant was the person referred to in the certificate. This was opposed by the defendant's counsel
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