Police V Edwards [2008] NSWLC 28

Local Court of New South Wales

CITATION: Police V Edwards [2008] NSWLC 28

JURISDICTION: Criminal

PARTIES: Police Edwards

FILE NUMBER:

PLACE OF HEARING: Bourke Local Court

DATE OF DECISION: 11/19/2008

MAGISTRATE: Magistrate J Favretto

CATCHWORDS: Annulment Application - Meaning of "having regard to the circumstances of the case, it is in the interests of justice" - Whether includes a triable issue as to guilt.

LEGISLATION CITED: Crimes (Appeal and Review) Act 2001

Adams v Kennick Trading (International) Ltd (1986) 4 CASES CITED: Miller v DPP [2004] NSWCA 90; McLachlan v Pilgrim & Anor (1980) 5 Petty Sessions Review 2182;

TEXTS CITED:

REPRESENTATION: Sgt. Ridley, Police Prosecutor; W. Tuckey, Aboriginal Legal Service

ORDERS:

Reasons for Decision

1. Background The applicant was charged with two offences: · S114 (1) (d) Crimes Act 1900 of Enter Land With Intent To Commit An Indictable Offence. · S115 Crimes Act 1900 of having previously been convicted of an Indictable Offence did commit an offence under s114, namely Enter Land With Intent To Commit An Indictable Offence. The offences relate to an attempted Break and Enter into the Reception Office of The Bourke Riverside Motel, 3 Mitchell Street, Bourke on 21 September 2007.

The charges were fixed for summary trial on 7 March 2008. The applicant did not appear on the date fixed for hearing. The applicant was, in his absence, convicted pursuant to the provisions 196 and 199 of the Criminal Procedure Act on the application made by the prosecutor. The court proceeded upon the two Court Attendance Notices to determine the offences were established under s199. A Police Statement of Facts was also provided to the court. A warrant issued under s25 (2) Crimes (Sentencing Procedure) Act 1999 for the applicant's arrest to allow the imposition of a sentence.