NSW Caselaw
New South Wales Supreme Court
CITATION : Galgey & Anor v Director of Public Prosecutions [2004] NSWSC 367 HEARING DATE(S) : 6 April 2004 JUDGMENT DATE : 12 May 2004
JUDGMENT OF : Simpson J DECISION : (i) leave granted to each plaintiff to appeal against the decision of the magistrate of 31 October 2003, to commit him for trial on a charge of murder; (ii) each appeal dismissed.
CATCHWORDS : appeal against order of Local Court Magistrate committing plaintiffs for trial on charge of murder - defence of self-defence - proper construction of Justices Act 1902, s41(6) Crimes Act 1900 s418, s419 LEGISLATION CITED : Crimes (Local Courts Appeal and Review) Act 2001, s53(3) Criminal Procedure Act 1986 Justices Act 1902 s41(6) CASES CITED : Carlin v Thawat Chidkhunthod (1985) 4 NSWLR 182 Saffron v Director of Public Prosecutions; Allen v Director of Public Prosecutions (1989) 16 NSWLR 397 Sean Galgey - 1st Plaintiff PARTIES : David Floritt - 2nd Plaintiff Director of Public Prosecutions (NSW) - Defendant FILE NUMBER(S) : SC 13382/03 COUNSEL : A Haesler - 1st & 2nd Plaintiffs Ian Bourke - Defendant SOLICITORS : Steve O'Connor - 1st & 2nd Plaintiffs SC Kavanagh - Defendant
LOWER COURT Local Court JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT Heilpern LCM JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
SIMPSON J
Wednesday 12 May 2004
13382/03 Sean Galgey & Anor v Director of Public Prosecutions
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