Federal Court of Australia
JUDGMENT No 7oS/ 8.
CATCHWORDS Administrative Law ~ Order for Review - ss. 5, 6 and 16 of Administrative Decisions (Judicial Review) Act - whether
evidence wrongly admitted of witnesses' understanding that "Buddha" meant "Cannabis" - whether prima facie case existed without that evidence - whether s. 41(6) of . Justices Act (N.S.W.) complied with - Remission to
Magistrate to hear and consider submissions under s. 41(6).
G256 of 1987
GRAHAM BESEY v. F. MACKENZIE & ORS.
M. L. FOSTER, J. SYDNEY
27 NOVEMBER, 1987.
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IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G256 of 1987
GENERAL DIVISION
BETWEEN: GRAHAM BESEY Applicant
AND: F. MACKENZIE First Respondent B.R. BENNETT Second Respondent M.W. STANDON Third Respondent
DIRECTOR OF PUBLIC PROSECUTIONS
Fourth Respondent
MINUTES OF ORDER
CORAM: FOSTER, J.
DATE: 27 NOVEMBER, 1987 AT SYDNEY.
ORDERS:
1. I quash the order of the first respondent
committing the applicant for trial.
2. I rvefer the matter to the first respondent for further consideration.
3. I direct that such consideration shall relate only to issues raised under s. 41(6) of the Justices Act, 1902 (N.S.W.) and that he shall receive and consider submissions as to those issues before considering afresh the question of whether the applicant should be committed for trial.
4. Each party bear its own costs.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G256 of 1987
GENERAL DIVISION
BETWEEN: GRAHAM BESEY
Applicant
AND: F. MACKENZIE
First Respondent B.R. BENNETT Second Respondent
M.W. STANDON
Third Respondent
DIRECTOR OF PUBLIC PROSECUTIONS
Fourth Respondent
CORAM: FOSTER, J.
DATE: 27 NOVEMBER, 1987.
REASONS FOR JUDGMENT
HIS HONOUR: I have before me applications for orders of review pursuant to sections 5, 6 and 16 of the Administrative Decisions (Judicial Review) Act ("the Act"). The applicant, Graham Besey, was on 29 May, 1987 committed for trial by
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