Hamilton v DPP [2020] NSWSC 1745

Supreme Court New South Wales

Medium Neutral Citation: Hamilton v DPP [2020] NSWSC 1745 Hearing dates: 10 September 2020 Decision date: 08 December 2020 Jurisdiction: Common Law Before: Button J Decision: (1) As soon as reasonably practicable, the parties are to file draft consent orders that advance the prosecution of the matter, in light of my finding that it was a legal error on the part of the magistrate to commit the plaintiff for trial, as opposed to sentence. (2) Each party is to bear its or his own costs. Catchwords: CRIMINAL LAW – appeal asserting error of law against decision of magistrate to commit for trial as opposed to sentence – "detain for advantage" – plaintiff conceded detention of complainant with intent to obtain an advantage, but disputed precise advantage alleged by prosecution – whether specific advantage sought to be obtained is an element or essential fact of the offence – statutory interpretation of offence-creating provision – reflection on other offences in the Crimes Act – discussion of authorities about classification of facts as elements, essential facts, or mere facts – appeal allowed in a practical sense, with draft consent orders to be brought in by parties in accordance with determinations Legislation Cited: Crimes Act 1900 (NSW) ss 4, 33B(1)(a), 61HA, 86, 97, 112 Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 13(1) Crimes (Sentencing Procedure) Act 1999 (NSW), s 25D(2) Criminal Procedure Act 1986 (NSW), s 97 Drug Misuse and Trafficking Act 1986 (NSW) Evidence Act 1995 (NSW), s 128 Justices Act 1902 (NSW), s 51A Cases Cited: CB v Director of Public Prosecutions [2013] NSWSC 618 Dean v R [2019] NSWCCA 27 Maxwell v The Queen [1996] HCA 46; (1996) 184 CLR 501 R v Radic [2001] NSWCCA 174; (2001) 122 A Crim R 70 R v VHP (Unreported, NSWCCA, 7 July 1997) Category: Principal judgment Parties: Tighreak Hamilton (Plaintiff) Director of Public Prosecutions (First Defendant) Local Court of New South Wales (Second Defendant) Representation: Counsel: I Nash (Plaintiff) B K Baker (First Defendant)