NSW Caselaw
VORTOUNI v McDONALD SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
MAHONEY, HANDLEY and POWELL JJA 10 February 1995, 16 February 1995 [1995] NSWCA 487
Application for stay of criminal proceedings until proper committal proceedings are held — Sexual offence against young child — Alleged defects in committal proceedings — Indictment found and criminal proceedings continuing — No case made for intervention by Supreme Court
Appeal from Criminal Division — Application for stay of criminal proceeding until proper committal proceedings are held.
Sexual offence against young child — Alleged defects in committal proceedings — indictment found and criminal proceedings continuing. Held: No case made for intervention by Supreme Court.
Mahoney JA Mr Vortouni has been charged with an offence of a sexual nature against his infant son. Committal proceedings were had relating to the offence and the magistrate directed that he be committed for trial. Mr Vortouni contends that there were important errors in the committal proceedings and he has brought the present proceeding in the Supreme Court seeking a declaration that such errors occurred, an order quashing "the committal proceedings" and an order "that fresh committal proceedings... be held". Barr AJ dismissed the proceeding. Mr Vortouni has appealed to this Court against his Honour's judgment.
The Director of Public Prosecutions has taken two preliminary objections to the proceedings: that leave to appeal is necessary for an appeal to this Court; and that the proceedings are, on any view, inappropriate and on that ground should be dismissed.
This Court has heard argument upon the second of these points. It is of the opinion that the Director's submission is correct and it has indicated that it proposes on that ground to dismiss the proceeding. However, it is important that the Court make clear the basis on which it has acted and I shall, without unnecessary elaboration, indicate why in my opinion the appeal should be dismissed.
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