NSW Caselaw
New South Wales Supreme Court
CITATION : DPP v Adam James Lee & Anor [2006] NSWSC 270
HEARING DATE(S) : 07/03/2006
JUDGMENT DATE : 12 April 2006
JUDGMENT OF : Howie J at 1
DECISION : The appeal is allowed. The orders of the Second Defendant dismissing the information are quashed. The proceedings are remitted to the Local Court to be heard by another magistrate other than the Second Defendant. The First Defendant is to pay the Plaintiff's costs. The First Defendant is to be entitled to a certificate for costs pursuant to s 6 of the Suitors' Fund Act.
CATCHWORDS : Criminal Law - Practice and Procedure - Prosecution appeal from orders of magistrate dismissing information - error of law in taking into account irrelevant matters - error in finding no prima facie case - matter remitted.
Crimes (Local Court Appeal and Review) Act 2001 - ss 56(1)(c), 59(1), 59(2)(a) LEGISLATION CITED : Crimes Act 1900 - s 178BA Crimes (Sentencing Procedure) Act 1999 - s 10 Justices Act 1902 (repealed) - s 109
DPP v Lee [2003] NSWSC 612 Lee v DPP [2004] NSWCCA 172 CASES CITED : Amalgamated Television Services v Marsden (2001) 122 A Crim R 166 Cox v Salt (1994) 12 WAR 12 R v Love (1989 17 NSWLR 608
PARTIES : Director of Public Prosecutions v Adam James Lee & Anor
FILE NUMBER(S) : SC 13551/2005
COUNSEL : P. Lakatos SC - Plaintiff R. Bonnici - Defendant
SOLICITORS : S. Kavanagh - Plaintiff Allars Mottee Hannaford - Defendant
LOWER COURT JURISDICTION : Local Court
LOWER COURT JUDICIAL OFFICER : Magistrate O'Shane
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