Hufnagl v DPP (Cth) [2007] NSWDC 130

New South Wales District Court

CITATION: Hufnagl v DPP (Cth) [2007] NSWDC 130 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 13/04/07, 20/04/07, 24/04/07

JUDGMENT DATE: 18 May 2007

EX TEMPORE JUDGMENT DATE : 27 April 2007

JURISDICTION: Criminal

JUDGMENT OF: Norrish QC DCJ

DECISION: See paragraph 38 - 41.

CATCHWORDS: Costs - conditional stay of proceedings pending payment of costs.

LEGISLATION CITED: Family Law Act (Cth) 1975 Legal Profession Act 2004

Jago v District Court of NSW (1989) 168 CLR 23 Dietrich v The Queen (1992) 177 CLR 292 CASES CITED: R v Fisher (2003) 183 ACrim R 318 R v Mosely (1992) 28 NSWLR 375 Jones v Dunkel (1959) 101 CLR 298

PARTIES: Ernest Hufnagl - Applicant Commonwealth Director of Public Presecutions - Respondent

FILE NUMBER(S): 06/11/0447

COUNSEL: Mr Levet - Crown Mr S Hanley - Applicant

SOLICITORS: Mr M Poberezny DPP (Cth) Mr Watson - Watsons Solicitors

JUDGMENT - Application for Stay of Proceedings

INTRODUCTION

1 Ernest Hufnagl (the applicant) is to be prosecuted by the Commonwealth Director of Public Prosecutions (the respondent) in respect of a charge upon which he is yet to be arraigned. The allegation upon which he is to be arraigned is in the following terms: Between about 21 September 2004 and 31 March 2005, at Sydney, New South Wales and elsewhere, (he) did conspire with John Paul Holloway and divers other persons to dishonestly appropriate property belonging to another person with the intention of permanently depriving the other person of the property, namely one shipping container numbered TEXU7273351 and its contents, which property belonged to a Commonwealth entity, that is the Australian Customs Service.