Tuxford v Director of Public Prosecutions [2023] NSWSC 1300

Supreme Court New South Wales

Medium Neutral Citation: Tuxford v Director of Public Prosecutions [2023] NSWSC 1300 Hearing dates: 31 October 2023 Date of orders: 31 October 2023 Decision date: 31 October 2023 Jurisdiction: Common Law Before: Weinstein J Decision: (1) I grant the plaintiff an extension of time pursuant to Part 51B r 5(5) of the Supreme Court Rules 1970 to file the Summons in this matter. (2) I grant the plaintiff leave to appeal pursuant to s 54(1) of the Crimes (Appeal and Review) Act 2001 against the order of Magistrate Barko of 9 March 2023 committing the plaintiff for trial in the proceedings 2022/221661. (3) I set aside the order of the Local Court at the Downing Centre committing the plaintiff for trial in the District Court of New South Wales in the proceedings 2022/221661 pursuant to s 55(3)(a) of the Crimes (Appeal and Review) Act 2001. (4) I remit the matter to the Local Court at the Downing Centre for committal according to law, pursuant to s 55(3)(a) of the Crimes (Appeal and Review) Act 2001. (5) No order as to costs to the intent that each party bear his and its own costs. Catchwords: APPEALS – procedure – leave to appeal and extension of time required – Local Court committal proceedings – error of law in failing to ascertain whether accused person pleaded guilty before committal – s 95 of the Criminal Procedure Act 1986 – error conceded – matter remitted to Local Court for committal according to law Legislation Cited: Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Supreme Court Rules 1970 Criminal Procedure Act 1986 Cases Cited: Carly Anne Coles v Director of Public Prosecutions [2022] NSWSC 960 Hijazi v Director of Public Prosecutions [2022] NSWSC 1218 Category: Principal judgment Parties: Robert Tuxford (Plaintiff) Director of Public Prosecutions (Defendant) Representation: Counsel: S Odgers SC (Plaintiff) W Liu (Defendant)