Commissioner of Police, NSW Police Force v Alahmad [2023] NSWSC 762

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of Police, NSW Police Force v Alahmad [2023] NSWSC 762 Hearing dates: 03 July 2023 Date of orders: 03 July 2023 Decision date: 03 July 2023 Jurisdiction: Common Law Before: Garling J Decision: (1) Summons dismissed. (2) Plaintiff to pay the defendant's costs. Catchwords: APPEALS – Appeal from Local Court to Supreme Court – Where defendant issued subpoena to Commissioner of Police – Magistrate declined application by Commissioner to set aside subpoena – Commissioner sought leave to appeal pursuant to s 53(3)(a) of Crimes (Appeal and Review) Act 2001 –Section 53 provides avenue of appeal to defendants only, not third parties – No jurisdiction to grant leave to appeal – Summons dismissed STATUTORY INTERPRETATION – Crimes (Appeal and Review) Act 2001, s 53(3)(a) – Whether s 53(3)(a) provides avenue of appeal to third party subpoena recipient – Meaning of "any person" – Purpose, context and history of provision considered – Commissioner of Police v Chidgey followed Legislation Cited: Crimes (Appeal and Review) Act 2001 Criminal Appeal Act 1912 Criminal Procedure Act 1986 Interpretation Act 1987 Justices Act 1902 Supreme Court Act 1970 Cases Cited: Commissioner of Police v Chidgey & Anor [2007] NSWSC 417 Jolley v DPP [2020] NSWSC 1406 Paulo v Commissioner for Police [2021] NSWSC 517 Texts Cited: Not Applicable Category: Principal judgment Parties: Commissioner of Police (P) Assad Alahmad (D) Representation: Counsel: J Emmett SC / J Brook (P) J Lang (D)