NSW Caselaw
Reported Decision : 109 A Crim R 454
New South Wales Supreme Court CITATION : Toufik Omar v DPP [1999] NSWSC 676 revised - 23/12/99 CURRENT JURISDICTION : Common Law FILE NUMBER(S) : 12789/98 HEARING DATE(S) : 07/06/99 JUDGMENT DATE : 6 July 1999
PARTIES : Toufik Omar v Director of Public Prosecutions JUDGMENT OF : McInerney J at 1
COUNSEL : Mr Bruckner (Plaintiff) Ms R Burgess (Defendant) SOLICITORS : Grahame W Howe & Co. (Plaintiff) S.E. O'Connor. (Defendant) CATCHWORDS : Criminal law and Procedure. Juvenile. Jurisdiction of Children's Court. Ex Parte hearing and proceed to conviction. Application to annul convictions where accused not aware of adjourned date. Abuse of process. Crimes Act 1900 Traffic Act 1909 ACTS CITED : Justices Act 1902. Children (Criminal Proceedings) Act 1987 Public Service Act Ex parte Walker; Re Goodfellow (1944) 45 SR(NSW) 103. CASES CITED : Young v Kenny & Ors, SC (NSW)unreported 4 September, 1992 per Abadee J. R v Hodder (1988) 33 A Crim R 295. DECISION : Summons Dismissed
THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
Tuesday 6 July 1999
McINERNEY AJ
12789/1998: TOUFIK OMAR vDIRECTOR OF PUBLIC PROSECUTIONS JUDGMENT
1 HIS HONOUR: The plaintiff by way of summons seeks declarations in the following terms:
(1) A declaration that, when the second defendant convicted the plaintiff on 11th March 1998, at Bidura Children's Court of offences pursuant to ss154A and s527C Crimes Act 1900 and s4 and s6 of Traffic Act 1909 those convictions were invalid.
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