Burton v Director of Public Prosecutions [2024] NSWSC 863

Supreme Court New South Wales

Medium Neutral Citation: Burton v Director of Public Prosecutions [2024] NSWSC 863 Hearing dates: 29 May 2024 Decision date: 18 July 2024 Jurisdiction: Common Law Before: Button J Decision: The amended summons of the plaintiff is dismissed. Costs are reserved. Catchwords: CRIME – appeal and review – judicial review – committal proceedings – "old system" applicable despite statutory abolition in 2018 – indictment found and presented in District Court after impugned proceedings in Local Court – futility of attack on committal in those circumstances – contingent analysis of asserted errors in committal – none established CRIME – appeal and review – judicial review – pending trial in District Court – separate application for "dismissal" of proceedings by Supreme Court – no basis for doing so – amended summons dismissed Legislation Cited: Children and Young Persons (Care and Protection) Act 1998 (NSW) s 105 Court Suppression and Non-Publication Orders Act 2010 (NSW) s 16 Criminal Procedure Act 1986 (NSW) ss 55-70, 166 Evidence Act 1995 (NSW) s 56 Justice Legislation Amendment (Committals and Guilty Pleas) Act 2017 (NSW) Cases Cited: Burton v Babb [2020] NSWCA 331 Burton v Babb [2023] NSWCA 242 Burton v Babb [2023] NSWDC 103 Burton v Director of Public Prosecutions [2022] NSWCA 242 Burton v Director of Public Prosecutions (NSW) [2021] NSWSC 1230 Burton v Local Court of New South Wales [2019] NSWSC 191 Burton v Office of the Director of Public Prosecutions [2019] NSWCA 245 Burton v Secretary, Department of Communities & Justice (formerly Family and Community Services) [2022] NSWCA 7 Burton v Secretary, Department of Communities and Justice [2020] NSWCA 68 Burton v Secretary, Department of Family and Community Services [2019] NSWCA 21 Burton v The Office of the Director of Public Prosecutions [2019] NSWDC 120 Secretary, Department of Communities and Justice v Paul Robert Burton [2021] NSWSC 1285 Category: Principal judgment Parties: Paul Burton (Plaintiff) Director of Public Prosecutions (First Defendant) Local Court of New South Wales (Second Defendant) Representation: Counsel: A Bonnor (First Defendant)