DPP (Cth) v HANNA & ANOR [2005] NSWSC 761

New South Wales Supreme Court

CITATION : DPP (Cth) v HANNA & ANOR [2005] NSWSC 761

HEARING DATE(S) : 6/07/05

JUDGMENT DATE : 29 July 2005

Common Law JURISDICTION :

JUDGMENT OF : Kirby J

DECISION : (1) The orders of the learned Magistrate, made on 15 June 2004, dismissing each of the five charges against the defendant, Fayez Philippe Hanna, are set aside; (2) The matters, being the five charges against the defendant, are remitted to the learned Magistrate to be heard and determined according to law; (3) The defendant should pay the plaintiff's costs in respect of the appeal; (4) The Notice of Motion by the defendant, dated 21 July 2004, is dismissed; (5) The defendant should pay the plaintiff's costs in respect of the Notice of Motion; (6) I make an Order in Mr Hanna's favour, if he otherwise qualifies, for a Suitor's Fund Certificate.

CATCHWORDS : Criminal Practice & Procedure - appeal from Magistrate dismissing charges under Migration Act 1958 - migration assistance - proper construction s276(1) and (2) and s281(1) Migration Act - objects of Act - s283(1) Act - meaning of "directly or indirectly represent" that he is a migration agent - error of law.

Migration Act 1958 Crimes (Local Courts Appeal and Review) Act 2001 LEGISLATION CITED : Acts Interpretation Act 1901 (Cth) Interpretation of Legislation Act 1984 (Vic) Income Tax and Assessment Act 1936 (Cth)

Beckwith v The Queen (1976) 12 ALR 333 Mills v Meeking (1990) 91 ALR 16 R v Wanna (1997) 42 NSWLR 1 CASES CITED : McConnell Dowell Constructors (Aust) P/L v The Environment Protection Authority (No 2) (2002) 54 NSWLR 39 Behn v Burness (1863) 3 B&S 751 Given v Pryor (1979) 39 FLR 437 Catterwell v Wright (1991) 56 SASR 581