NSW Caselaw
Reported Decision : [2001] ACL Rep 130 NSW 431
New South Wales Court of Appeal
CITATION : Paul Henry Johnson v Judge Phelan and Director of Public Prosecutions [2001] NSWCA 294 FILE NUMBER(S) : CA 40073/01 HEARING DATE(S) : 19 July 2001 JUDGMENT DATE : 6 September 2001
Paul Henry Johnson (Claimant) PARTIES : Judge Phelan (1st Opponent) Director of Public Prosecutions (2nd Opponent) JUDGMENT OF : Priestley JA at 1; Meagher JA at 2; Stein JA at 3
LOWER COURT JURISDICTION : District Court LOWER COURT DC 98/42/0310 FILE NUMBER(S) : DC 98/42/0445 DC 98/42/0446 LOWER COURT Phelan DCJ JUDICIAL OFFICER :
Claimant - In person COUNSEL : 1st Opponent - Submitting 2nd Opponent - Helen Langley (Solicitor) Claimant - In person SOLICITORS : 1st Opponent - submitting 2nd Opponent - S E O'Connor CATCHWORDS : CRIMINAL LAW - Community Service Order - breach - warrant for arrest - Community Service Order expired - whether execution of warrants lawful - CRIMINAL LAW - ss 23, 24 Community Service Orders Act 1979 - meaning of 'proceedings' - whether referred to actual arrest or issue of warrant - ND LEGISLATION CITED : Crimes Act 1900 Community Service Orders Act 1979 Allerton v DPP (1991) 24 NSWLR 550 CASES CITED: R v Hull (1989) 16 NSWLR 385 Elliott v Williams (1985) 15 A Crim R 437 DPP v Cassell (1995) 80 A Crim R 160 DECISION : Summons dismissed
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
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