Director of Public Prosecutions v Horstman [2023] NSWSC 213

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions v Horstman [2023] NSWSC 213 Hearing dates: 07 November 2022 Date of orders: 16 March 2023 Decision date: 16 March 2023 Jurisdiction: Common Law Before: McNaughton J Decision: (1) Appeal allowed. (2) Pursuant to s 59(2)(a) of the Crimes (Appeal and Review) Act 2001 (NSW), the orders of Magistrate Ellis made on 6 April 2022 at Wyong Local Court dismissing proceedings against the first respondent for the offence of "assault occasioning actual bodily harm" contrary to s 59(1) of the Crimes Act 1900 (NSW) be set aside. (3) The matter be remitted to the Local Court to be heard and determined according to law. Catchwords: APPEAL – appeal from Local Court – question of law alone – alleged assault occasioning actual bodily harm – no appearance from defendant at Local Court – matter dismissed on the basis of insufficient police facts – procedures set out in Chapter 4, Part 2, Division 3 of the Criminal Procedure Act 1986 (NSW) to be followed when determining a matter in the absence of a defendant – procedures not followed – appeal allowed – matter remitted to Local Court Legislation Cited: Crimes Act 1900 (NSW) s 59 Crimes (Appeal and Review) Act 2001 (NSW) ss 56, 59 Criminal Procedure Act 1986 (NSW) Ch 4 Pt 2 Div 3, ss 182, 196, 197, 198, 199, 200, 202 Justices Act 1902 (NSW) ss 75A, 75B, 75C, 75D, 75E, 75F Justices Amendment (Procedure) Act 1997 (NSW) Supreme Court Act 1970 (NSW) s 69 Supreme Court Rules 1970 (NSW) Pt 51B, rr 6, 11 Uniform Civil Procedure Rules 2005 (NSW) rr 10.21, 10.27, 29.7, 59.5, 59.10 Cases Cited: Bimson, Roads & Maritime Services v Damorange Pty Ltd [2014] NSWSC 734 Director of Public Prosecutions (NSW) v Swellings [2022] NSWSC 201 Hammond v Director of Public Prosecutions [2013] NSWSC 888; (2013) 231 A Crim R 88 House v The King (1936) 55 CLR 499; [1936] HCA 40 Keys v West (2006) 65 NSWLR 668; [2006] NSWSC 136 R v PL [2009] NSWCCA 256; (2009) 199 A Crim R 199 Williams v The Queen (1986) 161 CLR 278; [1986] HCA 88 Texts Cited: New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 15 October 1997 at 817 Category: Principal judgment Parties: Director of Public Prosecutions (Plaintiff) Christopher Richard Horstman (First Respondent) Local Court of NSW (Second Respondent) Representation: Counsel: M England (Plaintiff) No appearance (First Respondent) Submitting appearance (Second Respondent)