David John Muir v Commonwealth Director of Public Prosecutions [2004] NSWSC 983

New South Wales Supreme Court

CITATION : David John Muir v Commonwealth Director of Public Prosecutions [2004] NSWSC 983 HEARING DATE(S) : 19 October 2004 JUDGMENT DATE : 19 October 2004

JUDGMENT OF : Dunford J DECISION : Order of Local Court affirmed - summons dismissed

CATCHWORDS : CRIMINAL LAW AND PROCEDURE - Commonwealth prisoner - trial transfer order - autrefois convict - double jeopardy - abuse of process - WORDS AND PHRASES - to stand trial Corporations Act 2001 (Cth) Crimes Act 1914 (Cth) LEGISLATION CITED : Justices Act 1902 (WA) Proceeds of Crime Act 1987 Transfer of Prisoners Act 1983 (Cth) Connolly v The Director of Public Prosecutions [1964] AC 1254 CASES CITED : Pearce v the Queen [1998] HCA 57, 194 CLR 610 R v De Simoni (1981) 147 CLR 383 PARTIES : David John Muir v Commonwealth Director of Public Prosecutions FILE NUMBER(S) : SC 11882/04 COUNSEL : P Collaery - Plaintiff M G Allnutt - Defendant SOLICITORS : CC Law - Plaintiff Commonwealth Director of Public Prosecutions - Defendant

LOWER COURT Local Court JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT P Russell LCM JUDICIAL OFFICER :

- 8 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

DUNFORD J

TUESDAY, 19 OCTOBER 2004

11882/04 DAVID JOHN MUIR v COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS

JUDGMENT 1 HIS HONOUR: This is an application for review of a trial transfer order pursuant to s 10 of the Transfer of Prisoners Act 1983 (Cth) made in the Queanbeyan Local Court (Ms P Russell LCM) on 10 June 2004 for the transfer of the plaintiff, a Commonwealth prisoner presently held at Goulburn Correctional Centre in New South Wales, to Western Australia to stand trial on a number of charges laid under the Corporations Act 2001 (Cth). The review is by way of rehearing: s 11(5).