Mudiawati Leota v R [2007] NSWDC 146

New South Wales District Court

CITATION: Mudiawati Leota v R [2007] NSWDC 146 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 10.5.07, 25.5.07, 22.6.07

JUDGMENT DATE: 22 June 2007

JURISDICTION: Criminal

JUDGMENT OF: Woods QC DCJ

DECISION: 25.5.07 Appeal Upheld. Conviction and sentence imposed by Magistrate are quashed.; 22.6.07 Direction that the respondent pay costs in the sum of $18,766 to the Registrar or the Local Court at North Sydney within sixty days.

CATCHWORDS: Offences against justice - failure to bring information to attention of police - misprision of felony - costs in criminal cases

LEGISLATION CITED: Crimes Act 1900 Crimes (Appeal and Review) Act 2001

PARTIES: Mudiawati Leota [Appellant] NSW DPP [Respondent]

FILE NUMBER(S): 06/12/1403

COUNSEL: Mr J Mehta (NSW DPP) Mr G Jones, Mr B Clarke (Appellant)

JUDGMENT 25.5.07 1 HIS HONOUR: The Bells Hotel in Woolloomooloo is a social and literary landmark of Sydney. In the early 1950's it was purchased by Jimmy Carruthers after his retirement as a world champion boxer. This inspired the lines by poet Kenneth Slessor, "God help the man who starts a blue "In the Bells Hotel in Woolloomooloo..."

2 A "blue" in the Australian vernacular is a dispute or fight. This case is about a fight which took place in the Bells Hotel in Woolloomooloo on 17 or 18 December 2004. Unlike Jimmy Carruthers in this respect, the publican was no fighter. He was a peaceful and sociable businessman. In a front bar brawl, he died from a blow or blows through no fault of his own, and notwithstanding the assistance of his family and fellow workers who unsuccessfully came to his aid.