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. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.