CO v DPP [2020] NSWSC 1123

Supreme Court New South Wales

Medium Neutral Citation: CO v DPP [2020] NSWSC 1123 Hearing dates: 19 August 2020 Date of orders: 19 August 2020 Decision date: 19 August 2020 Jurisdiction: Common Law Before: N Adams J Decision: (1) Leave is granted to file the Summons out of time pursuant to r 51B(6) of the Supreme Court Rules 1970 (NSW) ("SCR"). (2) Electronic service of the Summons upon the defendant is permitted pursuant to r 51B(12) SCR. (3) The date of the final hearing of the Summons is abridged pursuant to r 51B(15) SCR. (4) The appeal under s 52(1) of the Crimes (Appeal and Review) Act 2001 (NSW) is allowed. (5) The control orders made under s33(1)(g) Children (Criminal Proceedings) Act 1987 (NSW) by Magistrate Day in the Children's Court at Orange on 12 June 2020 are set aside and the matter remitted to the Children's Court at Orange to be dealt with in accordance with this decision pursuant to s 55(2)(c) of the Crimes (Appeal and Review) Act. (6) The matter is next listed for mention at the Children's Court at Orange on 24 August 2020. (7) No order is made as to costs. The parties have liberty to apply within 14 days should a costs order be sought. Catchwords: CRIME — appeal and review — appeal from Children's Court and Local Court to Supreme Court — by person convicted or sentenced on a question of law alone — provision of background report — s 25 of the Children (Criminal Proceedings) Act Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 19, s 25, s 33(1)(g) Children (Detention Centres) Act 1987 (NSW) Crimes (Appeal and Review) Act 2001 (NSW), s 52(1) and 55(2) Cases Cited: BT v R (2012) 227 A Crim R 354; [2012] NSWCCA 276 CTM v Regina [2007] NSWCCA 131 ID, PF and DV v Director General, Department of Juvenile Justice (2008) 73 NSWLR 158; [2008] NSWSC 966 Regina v CVH [2003] NSWCCA 237 Category: Principal judgment Parties: CO (Plaintiff) Office of the Director of Public Prosecutions (Defendant) Representation: Counsel: Mr N Broadbent (Plaintiff) Ms V Garrity (Defendant)