DPP (NSW) v A West [1999] NSWSC 1195

New South Wales Supreme Court CITATION : DPP (NSW) v A West [1999] NSWSC 1195 CURRENT JURISDICTION : Common Law Division FILE NUMBER(S) : 12238/99 HEARING DATE(S) : 01/12/99 JUDGMENT DATE : 15 December 1999

PARTIES : Director of Public Prosecutions (NSW) v Anthony West JUDGMENT OF : Sperling J

LOWER COURT JURISDICTION : Local Court LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER : J Heagney (Magistrate)

COUNSEL : (Plaintiff): P A Johnson SC (Defendant): M Buscombe SOLICITORS : (Plaintiff): S E O'Connor (Defendant): B Sandland (Legal Aid Commission) CATCHWORDS : CRIMINAL LAW - summary offences - construction of Justices Act 1902, Div 2, subdiv 6A (service of briefs of evidence) - time for service of briefs of evidence. ACTS CITED : Justices Act 1902 Justices Amendment (Briefs of Evidence) Act 1997 CASES CITED : DPP v Milgate (NSW SC, 19 February 1999, unreported) CHECK DECISION : Proceedings removed into the Court of Appeal; Reserve the costs of the hearing before Sperling J

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SPERLING J

Wednesday, 15 December 1999

12238/99 - Director of Public Prosecutions (NSW) v Anthony West JUDGMENT HIS HONOUR: 1 By the amended summons filed in these proceedings, the Director of Public Prosecutions (NSW), as plaintiff, appeals pursuant to s 104 of the Justices Act 1902 against an order of the Burwood Local Court dismissing informations laid against the defendant, Anthony West. Such an appeal is confined to questions of law. 2 Relevantly, pleas of not guilty were entered on 27 April 1999 and the informations were adjourned to 21 May 1999. The prosecution brief was delivered to the defendant's legal representatives on 10 May 1999, that being less than 14 days before 21 May 1999. On 21 May 1999, the proceedings were marked "not reached" and adjourned to 27 July 1999. On that date, the court ruled that because of late service of the prosecution brief the prosecution was precluded from adducing evidence. The informations were accordingly dismissed. 3 The legislative context is as follows. By the Justices Amendment (Briefs of Evidence) Act 1997, subdivision 6A was introduced into Div 2 of the Justices Act 1902. So far as is presently relevant the new sections were as follows: