Haydon John Newman v Director of Public Prosecutions [2007] NSWCA 84

New South Wales Court of Appeal

CITATION: Haydon John Newman v Director of Public Prosecutions [2007] NSWCA 84

HEARING DATE(S): 7 March 2007

JUDGMENT DATE: 18 April 2007

JUDGMENT OF: Spigelman CJ at 1; Bell J at 1; Price J at 1

DECISION: Proceedings dismissed with no order as to costs.

CATCHWORDS: APPEAL – New South Wales - challenge to jurisdiction of the Court of Criminal Appeal – instituted as a precautionary measure

CASES CITED: Newman v R [2007] NSWCCA 103

PARTIES: Haydon John Newman (Appellant) Director of Public Prosecutions (Respondent)

FILE NUMBER(S): CA 40122/07

COUNSEL: M J Ierace; T Evers (Appellant) D Woodburne (Respondent)

SOLICITORS: P McGhee, Intellectual Disability Rights Service (Appellant) S Kavanagh, Director of Public Prosecutions (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/11/0076

LOWER COURT JUDICIAL OFFICER: Nicholson DCJ

LOWER COURT DATE OF DECISION: 18 July 2006

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40122/07

SPIGELMAN CJ BELL J PRICE J

Wednesday 18 April 2007 Haydon John NEWMAN v DIRECTOR OF PUBLIC PROSECUTIONS & ANOR Judgment 1 THE COURT: These proceedings were instituted as a precautionary measure by reason of the challenge to the jurisdiction of the Court of Criminal Appeal in the case of Newman v Regina [2007] NSWCCA 103. As determined in those proceedings, the challenge to jurisdiction has been rejected. 2 On this basis these precautionary proceedings have proven to be unnecessary. 3 The order of the Court is that the proceedings should be dismissed with no order as to costs. **********