Director of Public Prosecutions v Tiller [2023] NSWSC 187

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions v Tiller [2023] NSWSC 187 Hearing dates: 03 November 2022 Date of orders: 09 March 2023 Decision date: 09 March 2023 Jurisdiction: Common Law Before: McNaughton J Decision: The Court makes the following orders: (1) Appeal allowed. (2) Pursuant to s 59(2)(a) of the Crimes (Appeal and Review) Act 2001 (NSW), the orders of Magistrate Clisdell made on 22 March 2022 at Queanbeyan Local Court dismissing proceedings against the first respondent for the offences of "assault occasioning actual bodily harm" contrary to s 59 of the Crimes Act 1900 (NSW) and "common assault" contrary to s 61 of the Crimes Act 1900 (NSW) (together "the matters") be set aside. (3) The matters be remitted to the Local Court to be heard and determined according to law by a magistrate other than Magistrate Clisdell. (4) The Court grants an indemnity certificate to the first respondent pursuant to s 6 of the Suitors' Fund Act 1951 (NSW). Catchwords: APPEAL – appeal from Local Court – question of law alone – alleged assault by teacher on student – self-defence of another – magistrate failed to make critical findings of fact – magistrate failed to provide reasons for decision to dismiss charges and why the prosecution failed to negative self-defence – appeal allowed – matter remitted to Local Court Legislation Cited: Crimes Act 1900 (NSW) ss 59, 60E, 61, 61AA, 418 Crimes (Appeal and Review) Act 2001 (NSW) ss 56, 59 Suitors' Fund Act 1951 (NSW) s 6 Supreme Court Act 1970 (NSW) s 69 Supreme Court Rules 1970 (NSW) Pt 51B r 6 Cases Cited: Acuthan v Coates (1986) 6 NSWLR 472 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Campbelltown City Council v Vegan [2006] NSWCA 284; 67 NSWLR 372 Colosimo v Director of Public Prosecutions (2005) 64 NSWLR 645; [2005] NSWSC 854 Daley v Brown; Pittman v Brown [2014] NSWSC 144 De Silva v The Queen (2019) 268 CLR 57; [2019] HCA 48 Director of Public Prosecutions (NSW) v Illawarra Cashmart Pty Limited (2006) 67 NSWLR 402; [2006] NSWSC 343 Director of Public Prosecutions (NSW) v Swellings [2022] NSWSC 201 JP v Director of Public Prosecutions (NSW) [2015] NSWSC 1669; (2015) 256 A Crim R 447 Mifsud v Campbell (1991) 21 NSWLR 725 Neighbourhood Association DP 295386 v Forgeron [2005] NSWCA 150 Pettit v Dunkley [1971] 1 NSWLR 376 R v Nguyen [2021] NSWDC 295 Re Poyser and Mills' Arbitration [1964] 2 QB 467 Shepherd v Nestoriadis [2015] NSWSC 348 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Stoker v Adecco Gemvale Constructions Pty Limited [2004] NSWCA 449 Category: Principal judgment Parties: Director of Public Prosecutions (Plaintiff) Emma Tiller (First Respondent) Local Court of NSW (Second Respondent) Representation: Counsel: E S Jones (Plaintiff) S Lawrence with D Mulligan (First Respondent) Submitting Appearance (Second Respondent)