Commonwealth Director of Public Prosecutions v Parker [2021] NSWSC 10

Supreme Court New South Wales

Medium Neutral Citation: Commonwealth Director of Public Prosecutions v Parker [2021] NSWSC 10 Hearing dates: 12 January 2021 Date of orders: 12 January 2021 Decision date: 12 January 2021 Jurisdiction: Common Law Before: Campbell J Decision: (1) The summons that was filed today may be returnable instanter and dealt with forthwith; (2) An order in the nature of certiorari quashing the decision of her Honour Magistrate L McManus in matter no. 2020/256982 sequence 1 – the Commonwealth offence of using a carriage service to access child abuse material; (3) The conviction and sentence passed on 25 November 2020 are set aside; and (4) An order in the nature of mandamus remitting the matter to the charge list in the Local Court at the Downing Centre for mention on Friday 29 January 2021 to be dealt with according to law. Catchwords: ADMINISTRATIVE REVIEW – jurisdictional error – where the Local Court exceeded its statutory power – where the Local Court did not have power to deal with the offence summarily – where order in the nature of certiorari and mandamus made Legislation Cited: Crimes Act 1900 (NSW) s 91H(2) Crimes Act 1914 (Cth) s 4J(1) Crimes (Appeal and Review) Act 2001 (NSW) Criminal Code Act 1995 (Cth) s 474.22 Criminal Procedure Act 1986 (NSW) Judiciary Act 1903 (Cth) s 39 Cases Cited: Kovalev v The Minister for Immigration and Multicultural Affairs (1990) 100 FCR 323; [1999] FCA 557 Mackey v CIC Allianz Australia Insurance Limited [2015] NSWSC 505 Texts Cited: Not applicable Category: Principal judgment Parties: Commonwealth Director of Public Prosecutions (Plaintiff) Jeffrey Parker (First Defendant) Local Court of New South Wales (Second Defendant) Representation: Counsel: B. Debenham (Solicitor) (Plaintiff) D. Philippe (Solicitor) (First Defendant) J. Vasiliou (Solicitor) (Second Defendant) (Submitting appearance)