Murphy, L.K. v. Director of Public Prosecutions & Anor [1985] FCA 196

Administrative law - judicial review - decision under s.41 of Justices Act. 1902 (NSW) to commit applicant upon charge of attempting to pervert the course of justice - consideration of circumstances 1n which Court will review committal proceedings - whether magistrate erred in law in applying sub-s.41(2) and (6) of the Act - meaning of "likely" in sub-s.41(6) - whether facts supported by evidence sufficient to establish actus reus of the offence charged - whether court should be satisfied that case involves exceptional circumstances before considering sufficiency of evidence - statement of proper approach to be taken by Court in considering whether to exercise its discretion to review a

decision to commit

Administrative Decisions (Judicial Review) Act 1977 Crimes Act 1914 s.43 Justices Act, 1902 (NSW) s.41

LIONEL KEITH MURPHY v. DIRECTOR OF PUBLIC PROSECUTIONS and ARTHUR RIEDEL

No. NSW G108 of 1985

TOOHEY J.

PERTH

29 MAY 1985

ray

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION

No. G1l08 of 1985

BETWEEN: LIONEL KEITH MURPHY

Applicant

and

DIRECTOR OF PUBLIC PROSECUTIONS

First Respondent

ARTHUR RIEDEL

Second Respondent

MINUTE OF ORDER

JUDGE MAKING ORDER Toohey J. DATE OF ORDER 29 May 1985 WHERE MADE Perth

THE COURT ORDERS THAT:

1. The application be dismissed.

2. The applicant pay the first respondent's costs of the

application.

Note:

Settlement and entry of orders is dealt

with in Order 36 of the Federal Court Rules

€

IN THE FEDERAL COURT ' OF AUSTRALIa 1 NEW SOUTH WALES ' DISTRICT REGISTRY ) GENERAL DIVISION i

No. GluB of 1385

BETWEEN:

LIUVNEL KEITH MURPHY

Applicant and

DIRECTOR OF PUBLIC PROSECUTIONS

First Respondent ARTHUR RIEDEL

Second Respondent

CORAM: TOOHEY J.

29 MAY 1985

REASONS FOR JUDGMENT

This is an application under the provisions of the

Administrative Decisions (Judicial Review) Act 1977. The