Souter, Gary Ronald v Webb, Kevin Robert [1984] FCA 189

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IN THE 'FEDERAL COURT OF AUSTRALIA

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) NEW- SOUTH WALES DISTRICT REGISTRY ) No. G.83 of 1984 GENERAL DIVISION ) BETWEEN : GARY RONALD SOUTER Applicant AND: KEVIN ROBERT WEBB &

GARRY ANTHONY WARD

Respondents

REASONS FOR JUDGEMENT

CORAM: WILCOX J DATE: 11 JULY 1984 PLACE: SYDNEY

The applicant seeks review, pursuant to s.5 of the Administrative Decisions (Judicial Review) Act, 1977 of a decision by the first respondent, a Stipendiary Magistrate, that he be committed for trial for an offence against the

Customs Act, 1900 namely:

"That on 2 May 1983 at Sydney in the State of New South Wales did without reasonable excuse have in his possession prohibited imports to which section 233B of the Customs Act, 1901 applies, to wit narcotic goods consisting of a quantity of cannabis which are reasonably suspected of having been imported into Australia in contravention of the said Act".

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The" #acond respondent is the informant, Detective

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Sergeant: GA: cWard..

The evidence tendered before me consisted of the transcript of proceedings, and the evidence, before the magistrate together with the charge sheet and certain correspondence relating to amended charges and particulars of the current application. There was no material raising any claim as to the existence of exceptional circumstances such as to justify this Court, in the exercise of its discretion, intervening to

review the magistrate's decision.

Mr Roberts, on behalf of the second respondent, took the preliminary objection that the Court should not embark upon a review of the magistrate's decision. He referred to authorities both in this Court and in the Supreme Court of New South Wales to the effect that a superior court will intervene in relation to the conduct or outcome of committal proceedings only in