Landrey v Director of Public Prosecutions (NSW) [2022] NSWCA 211

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Landrey v Director of Public Prosecutions (NSW) [2022] NSWCA 211 Hearing dates: 7 October 2022 Date of orders: 21 October 2022 Decision date: 21 October 2022 Before: Ward P at [1]; Simpson AJA at [2]; Basten AJA at [3] Decision: (1) Direct that the applicant file within 14 days an amended summons identifying the Director of Public Prosecutions (NSW) and the State of New South Wales as the first and second defendants. (2) Dispense with the need for service of the summons so amended. (3) Dismiss the summons filed in the Common Law Division and removed into this Court, as amended. (4) Order that the applicant pay the costs of the Director of Public Prosecutions of and incidental to the summons. Catchwords: CONSTITUTIONAL LAW – criminal procedure – challenge to validity of State law governing committal proceedings – Kable doctrine – impairment of institutional integrity – independence, impartiality and fairness – what courts have traditionally done – whether administrative function is compatible with judicial functions – whether magistrate required to rubber-stamp executive decision CRIMINAL PROCEDURE – committal proceedings – Criminal Procedure Act 1986 (NSW), Ch 3, Pt 2 – case management – administrative process ancillary to judicial function – similar to procedures and powers of trial court – purpose to explore possibilities of guilty pleas and challenges to evidence of prosecution witnesses Legislation Cited: Corporations Act 2001 (Cth), s 596A Crimes Act 1900 (NSW), ss 192E, 254 Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Procedure Act 1986 (NSW), Ch 3, Pt 1; Pt 2, Div 1, ss 47, 50, 54; Div 2, ss 55, 57, 59; Div 4, ss 65, 66; Div 5, ss 69, 70, 72, 74, 75; Div 6, ss 82, 85; Div 7; Div 8, ss 95, 96, 97; Div 9, s 101; Div 10, Pt 3, Div 2, ss 129, 130; Div 3, ss 136, 139, 140, 141, 142; Ch 6, Pt 1, s 274 Criminal Procedure Amendment (Justices and Local Courts) Act 2001 (NSW), Sch 1[43] Director of Public Prosecutions Act 1986 (NSW), s 4 Justice Legislation Amendment (Committals and Guilty Pleas) Act 2017 (NSW), ss 57, 59 Justices Act 1902 (NSW), s 41 Commonwealth Constitution, Ch III Indictable Offences Act 1848 (UK) Cases Cited: Assistant Commissioner Condon v Pompano Pty Ltd (2013) 252 CLR 38; [2013] HCA 7 Barton v The Queen (1980) 147 CLR 75; [1980] HCA 48 Ebatarinja v Deland (1998) 194 CLR 444; [1998] HCA 62 Grassby v The Queen (1989) 168 CLR 1; [1989] HCA 45 Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51; [1996] HCA 24 Palmer v Ayres (2017) 259 CLR 478; [2017] HCA 5 The Queen v Murphy (1985) 158 CLR 596; [1985] HCA 50 Wainohu v State of New South Wales (2011) 243 CLR 181; [2011] HCA 24 Texts Cited: J Stellios, Zines and Stellios's The High Court and The Constitution (7th ed, 2022, The Federation Press) New South Wales Law Reform Commission, Report No 141, Encouraging appropriate early guilty pleas, (2014) New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 11 October 2017 Category: Principal judgment Parties: Geoffrey Vance Landrey (Plaintiff) Director of Public Prosecutions (NSW) (First Defendant) State of New South Wales (Second Defendant) Local Court of New South Wales (Third Defendant) Representation: Counsel: G D Wendler (Plaintiff) M G Sexton SC / J S Caldwell (First and Second Defendants)