DIRECTOR OF PUBLIC PROSECUTIONS v WEST [2000] NSWCA 103

Reported Decision : [2000] 48 NSWLR 647

New South Wales Court of Appeal

CITATION : DIRECTOR OF PUBLIC PROSECUTIONS v WEST [2000] NSWCA 103 revised - 15/05/2000 FILE NUMBER(S) : CA 40009/00 HEARING DATE(S) : 4 April 2000 JUDGMENT DATE : 28 April 2000

PARTIES : DIRECTOR OF PUBLIC PROSECUTIONS (NSW) v ANTHONY JUSTIN WEST JUDGMENT OF : Mason P at 1; Sheller JA at 41; Giles JA at 42

LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT CL 12238/99 FILE NUMBER(S) : LOWER COURT Sperling J JUDICIAL OFFICER :

COUNSEL : P A Johnson SC (Appellant) M Buscombe (Respondent) SOLICITORS : S E O'Connor (DPP) T A Murphy (Legal Aid Commission) CATCHWORDS : Justices Act 1902 Part 4 Division 2 Subdivision 6 (ss66A - 66H) - brief of evidence served out of time - admission of the evidence - duty to refuse to admit evidence sought to be adduced by the prosecuting authority in respect of a prescribed summary offence - extension of the time for hearing the matter - adjournment - prospective duty upon the prosecuting authority to serve a copy of the brief within time - (D). DECISION : Magistrate's order quashed. Remitted to Local Court.

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40009/00 CLD 12238/99 MASON P SHELLER JA GILES JA

Friday 28 April 2000

THE DIRECTOR OF PUBLIC PROSECUTIONS v ANTHONY WEST A series of incidents led to the arrest and charging of the defendant, who pleaded guilty to an offensive behaviour charge and not guilty to the remaining three charges. The four matters were adjourned for hearing on 21 May 1999. The Justices Amendment (Briefs of Evidence) Act 1997 had inserted a new Subdivision 6A (ss66A-66H) into Part 4 Division 2 of the Justices Act 1902. Under the Subdivision the prosecuting authority was obliged to serve on the defendant a "brief of evidence" following a not guilty plea to a "prescribed summary offence". Under s66B(2) the copy of the brief was to be served at least 14 days before the hearing of the evidence.