Director of Public Prosecutions v Stevens [2007] NSWSC 1350

New South Wales Supreme Court

CITATION : Director of Public Prosecutions v Stevens [2007] NSWSC 1350

HEARING DATE(S) : 12 November 2007

JUDGMENT DATE : 29 November 2007

JURISDICTION : Common Law

JUDGMENT OF : Walmsley AJ

DECISION : (1) Declaration made that Second Defendant fell into jurisdictional error in determining he was without jurisdiction to hear and determine proceedings.; (2) Order made that proceedings be remitted to Local Court to be determined according to law.

CATCHWORDS : CRIMINAL LAW – procedure – summary proceedings before Local Court – Court Attendance Notice – requirement for Court Attendance Notice to be filed in court not later than 7 days after service – whether Court Attendance Notice filed within time – where court file did not contain a copy of Court Attendance Notice that was filed within time – where prosecutor had copy of Court Attendance Notice bearing court stamp that showed Court Attendance Notice filed within time – where magistrate only considered documents on court file to determine whether Court Attendance Notice filed within time – whether magistrate erred - ADMINISTRATIVE LAW – prerogative writs and orders – mandamus – decision of inferior Court – statutory procedures for commencing summary criminal proceedings before Local Court – where magistrate found no jurisdiction to hear charges – constructive failure to exercise jurisdiction – whether mandamus appropriate – discretionary considerations for issue of mandamus

Crimes (Appeal and Review) Act 2001 Criminal Procedure Act 1986 LEGISLATION CITED : Director of Public Prosecutions Act 1986 Local Courts (Criminal and Applications Procedure) Rule 2003 Road Transport (Safety and Traffic Management) Act 1999 Supreme Court Act 1970