DPP v CAD & Ors [2003] NSWSC 196

New South Wales Supreme Court

CITATION : DPP v CAD & Ors [2003] NSWSC 196 HEARING DATE(S) : 17/03/03 JUDGMENT DATE : 26 March 2003 JURISDICTION: Common Law JUDGMENT OF : Barr J at 1 DECISION : The following orders and declarations are made -; 1. An order that the first, second and third defendants be referred to by the pseudonyms "CAD", "JAF" and "CMJ" respectively for the purposes of these proceedings.; 2. An order pursuant to s 109(a) Justices Act 1902 quashing the order of Mr R Dive, Magistrate, dismissing the information laid against the first defendant for assault occasioning actual bodily harm (s 59 Crimes Act 1900).; 3. An order pursuant to s 109(a) Justices Act 1902 quashing the order of Mr R Dive, Magistrate, dismissing the information laid against the second defendant for assaulting a police officer in the execution of his duty (s 58 Crimes Act 1900).; 4. An order pursuant to s 109(a) Justices Act 1902 quashing the order of Mr R Dive, Magistrate, dismissing the information laid against the third defendant for assault thereby occasioning actual bodily harm (s 59 Crimes Act 1900).; 5. A declaration that Mr P Mulroney, Magistrate, erred in law in determining that the evidence of Constable Kenneth Johnston as to the assaults alleged to have been committed upon him by each of the defendants had been obtained in consequence of an improper arrest by Constable Johnston.; 6. A declaration that Mr P Mulroney, Magistrate, erred in law as to the construction and application of s 138 Evidence Act in refusing to admit the evidence of Constable Kenneth Johnston as to the assaults alleged to have been committed upon him by each of the defendants.; 7. A declaration that Mr R Dive, Magistrate, erred in law in dismissing the informations.; 8. An order that the proceedings against the first, second and third defendants be remitted to Mr P Mulroney Magistrate to be dealt with according to law.