Director of Public Prosecutions v Sinton [2001] NSWCA 179

(2001) 33 MVR 549 Reported Decision : 51 NSWLR 659 124 A Crim R 317

New South Wales Court of Appeal

CITATION : Director of Public Prosecutions v Sinton [2001] NSWCA 179 FILE NUMBER(S) : CA 40464/00 HEARING DATE(S) : 20 April 2001 JUDGMENT DATE : 15 June 2001

PARTIES : Director of Public Prosecutions v Malcolm Sinton JUDGMENT OF : Stein JA at 1; Giles JA at 60; Hodgson JA at 61

LOWER COURT JURISDICTION : Supreme Court LOWER COURT CL 10491/00 FILE NUMBER(S) : LOWER COURT O'Keefe J JUDICIAL OFFICER :

COUNSEL : Appellant - M C Marien Respondent - J W Shaw QC SOLICITORS : Appellant - S E O'Connor Respondent - Walter Madden Jenkins CATCHWORDS : PROCEDURE - conferral of jurisdiction - indictable offences - related summary offences or 'back-up' charges - Part 10, Criminal Procedure Act 1986 - whether failure to produce certificate at committal deprives the trial court of jurisdiction to determine related summary offences and 'back-up' charges - PROCEDURE - right to a fair trial - exercise of judicial discretion - grant of permanent stay - whether lost opportunity and passage of time constitute a fundamental defect going to root of the trial - STATUTORY INTERPRETATION - object and purpose - construction of language - JURISDICTION - conferral of Local court jurisdiction to trial court - procedure for conferral of jurisdiction - whether handing up of a certificate detailing related summary offences and 'back-up' charges constitutes a procedural pre-condition for conferral of jurisdiction - CRIMINAL LAW - driving in a manner dangerous occasioning death/grievous bodily harm - Crimes Act 1900 - related summary offence of negligent driving - D Crimes Act 1900 Traffic Act 1909 LEGISLATION CITED : Criminal Procedure Act 1986 Criminal Procedure Legislation (Amendment) Act 1990 Crimes Legislation Amendment Act 1997 Accident Compensation Commission v Murphy (1988) VR 444 Barton v The Queen (1980) 147 CLR 75 Brygel v Stewart-Thornton (1993) 67 A Crim R 243 Jago v District Court of NSW (1989) 168 CLR 23 CASES CITED: Project Blue Sky Inc v ABA (1998) 194 CLR 355 R v Carver [1999] NSWCCA 135 (Unreported, Court of Criminal Appeal, 11 June 1999) R v Helmling (Unreported, Court of Criminal Appeal, 11 November 1993) Tasker v Fullwood (1978) 1 NSWLR 20 The Queen v Glennon (1992) 173 CLR 592 DECISION : 1. Leave to appeal granted. 2. Appeal allowed. 3. Respondent to pay the appellant's costs of the appeal but receive a certificate under the Suitor's Fund Act 1951 if otherwise entitled. 4. The orders made by his Honour be set aside and the summons before his Honour be upheld with costs. 5. The order made by Mr Johnson LCM on 13 December 1999 permanently staying the respondent's prosecution for negligent driving be set aside. 6. The information lain against the respondent for negligent driving be remitted to the magistrate to hear and determine according to law.