Abbas Hijazi v Director of Public Prosecutions [2022] NSWSC 1218

Supreme Court New South Wales

Medium Neutral Citation: Abbas Hijazi v Director of Public Prosecutions [2022] NSWSC 1218 Hearing dates: 8 September 2022 Decision date: 08 September 2022 Jurisdiction: Common Law Before: Button J Decision: (1) The Court grants the plaintiff an extension of time under Part 51B rule 5 (5) of the Supreme Court Rules to file the summons in this matter. (2) The Court grants the plaintiff leave under s. 54(1) of the Crimes (Appeal and Review) Act 2001 (NSW) to appeal against the order of Magistrate Moody made in the Local Court on 10 March 2022, which committed the plaintiff to trial. (3) The Court, pursuant to s 55(3)(a) of Crimes (Appeal and Review) Act 2001 (NSW); (a) sets aside the order of Central Local Court on 10 March 2022 committing the plaintiff to trial; and (b) remits the matter to the Downing Centre Local Court for committal according to law with the matter to be mentioned on Thursday 15 September 2022 at the Downing Centre Local Court. (4) No order as to costs, with the intention each party bear their own costs. Catchwords: APPEALS – Procedure – Leave to appeal required – Local Court committal proceedings – Error of law in failing to ascertain whether accused person pleaded guilty before committal – Error conceded by Crown – Remittal not merely formal – Proceedings remitted to Local Court for committal Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Criminal Procedure Act 1986 (NSW) Justice Legislation Amendment (Committals and Guilty Pleas) Act 2017 (NSW) Supreme Court Rules 1970 (NSW) Cases Cited: Carly Anne Coles v Director of Public Prosecutions [2022] NSWSC 960 Stuart v R [2022] NSWCCA 182 Category: Principal judgment Parties: Abbas Hijazi (Plaintiff) Director of Public Prosecutions (Defendant) Representation: Counsel: P Lange (Plaintiff) G Newton (Defendant)