NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: O'Meara v Regina [2006] NSWCCA 127
HEARING DATE(S): 19/04/2006
JUDGMENT DATE: 21 April 2006
JUDGMENT OF: Hodgson JA at 1; James J at 2; Hoeben J at 3
DECISION: Leave to appeal granted. Appeal dismissed.
CATCHWORDS: Application to quash indictment - no jurisdiction in State court to review committal proceedings brought by Commonwealth - source of Commonwealth Director of Public Prosecution's power to prosecute federal offences in State courts.
Administrative Decisions (Judicial Review) Act 1977 (Cth) Criminal Appeal Act 1912 LEGISLATION CITED: Criminal Procedure Act 1986 Director of Public Prosecutions Act 1983 (Cth) Judiciary Act 1901 (Cth) Interpetation Act 1987
Buckett v DPP (Commonwealth) (1992) 61 A Crim R 49 CASES CITED: R v Basha (1989) 39 A Crim R 337 R v O'Meara (2001) 124 A Crim R 493 R v Murphy (1985) 158 CLR 596 at 617
PARTIES: Kenneth Ian O'Meara - Applicant Commonwealth Director of Public Prosecutions - Respondent
FILE NUMBER(S): CCA 2006/441
COUNSEL: Applicant in person M Buscombe - Commonwealth DPP
SOLICITORS: Applicant in person Commonwealth Director of Public Prosecutions - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/11/0978
LOWER COURT JUDICIAL OFFICER: Berman DCJ
LOWER COURT DATE OF DECISION: 19/04/2006
IN THE COURT OF CRIMINAL APPEAL 2006/441
HODGSON JA JAMES J HOEBEN J
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