Lee v DPP (NSW) & Anor [2004] NSWCA 172

New South Wales Court of Appeal

CITATION : Lee v DPP (NSW) & Anor [2004] NSWCA 172 HEARING DATE(S) : 3 May 2004 JUDGMENT DATE : 9 June 2004

JUDGMENT OF : Mason P at 1; Giles JA at 2; Campbell AJA at 3 DECISION : (1) Leave to appeal granted. (2) Appeal allowed as to the terms of the remittal order but otherwise dismissed. (3) The remittal order be set aside and in lieu thereof the following order made: that the proceedings be remitted to the magistrate who made the order appealed from to be heard and determined. (4) No order as to costs.

CATCHWORDS : Appeal - Justices Act 1902 - remittal order set aside - remitted to magistrate appealed from - appeal otherwise dismissed - meaning of s 109(d) Justices Act 1902 (now repealed) - judge's determination on appeal of the magistrate's decision is not disturbed, except for the remittal order - remitted to magistrate who heard the matter as per s 109(d) Justices Act (1902). Crimes (Local Courts Appeal and Review) Act, 2001 LEGISLATION CITED : Justices Act, 1902 Supreme Court Act, 1970 CASES CITED : Anthony Horden and Sons Ltd v The Amalgamated Clothing and Allied Trades Union of Australia (1932) 47 CLR 1 Downes v DPP (2000) NSWSC 1054 Adam James Lee (Appellant) PARTIES : Director of Public Prosecutions (NSW) (1st Respondent) Patricia June O'Shane (2nd Respondent) FILE NUMBER(S) : CA 40982/03 R. Bonnici (Appellant) COUNSEL : P. Lakatos (1st Respondent) A.R. Eckhold (Sol) (2nd Respondent) Allars Mottee Hannaford (Appellant) SOLICITORS : S.C. Kavanagh (1st Respondent) I.V. Knight (2nd Respondent)