R v Ange [2008] NSWLC 26

Local Court of New South Wales

CITATION: R v Ange [2008] NSWLC 26

JURISDICTION: Criminal

PARTIES: Police ANGE, Mimi

FILE NUMBER:

PLACE OF HEARING: Downing Centre

DATE OF DECISION:

MAGISTRATE: Magistrate D Heilpern

CATCHWORDS: CRIMINAL LAW – Application for annulment of conviction – defendant not present at conviction

LEGISLATION CITED: Crimes (Local Courts Appeals and Review) Act 2001

Akari v Sole [2008] NSWSC 59 CASES CITED: Gino Robert Cassaniti v Director of Public Prosecutions [2008] NSWDC 2 Miller v Director of Public Prosecutions [2004] NSWCA 90 Rakavina v DPP [2008] NSW DC 214

TEXTS CITED:

REPRESENTATION: Mr Foord, Counsel (Applicant) Mr Craddock, Senior Counsel, instructed by Crown Solicitors (Respondent)

ORDERS: The conviction is annulled and a fresh hearing date will be set.

1 The applicant Mimi Ange was charged and convicted of ten offences relating to possession of illegal pornographic films. She was not present at court on the date of her conviction. She has made an application for an annulment of those convictions, and this is opposed. 2 The respondent, a police officer, is represented in this matter by the New South Wales Crown Solicitors Office, instructing Mr Craddock SC. What would ordinarily be a simple and straightforward application has become somewhat of a legal feast, with counsel debating the fine points of hearsay evidence, witnesses including a solicitor and accountant cross examined and lengthy analysis of s8 of the Crimes (Local Courts Appeals and Review) Act 2001: 8 Circumstances in which applications to be granted (1) A Local Court must grant an application for annulment made by the prosecutor if it is satisfied that, having regard to the circumstances of the case, there is just cause for doing so. (2) A Local Court must grant an application for annulment made by the defendant if it is satisfied: (a) that the defendant was not aware of the original Local Court proceedings until after the proceedings were completed, or (b) that the defendant was otherwise hindered by accident, illness, misadventure or other cause from taking action in relation to the original Local Court proceedings, or (c) that, having regard to the circumstances of the case, it is in the interests of justice to do so.