Director of Public Prosecutions (NSW) v Illawarra Cashmart Pty Limited [2006] NSWSC 343

Reported Decision : 67 NSWLR 402

New South Wales Supreme Court

CITATION : Director of Public Prosecutions (NSW) v Illawarra Cashmart Pty Limited [2006] NSWSC 343

HEARING DATE(S) : 6 April 2006

JUDGMENT DATE : 28 April 2006

JUDGMENT OF : Johnson J at 1

DECISION : 1. Appeal is allowed.; 2. Pursuant to s.59(2) Crimes (Local Courts Appeal and Review) Act 2001, the order made at Wollongong Local Court on 2 September 2005 dismissing five charges against the Defendant under clause 18A(1) Pawnbrokers and Second-Hand Dealers Regulations 2003 is set aside.; 3. The proceedings are remitted to the Wollongong Local Court to be heard and determined according to law.; 4. The Defendant is to pay the costs of the Plaintiff of these proceedings, and, if qualified, the Defendant is granted a certificate under s.6 Suitors' Fund Act 1951.

CATCHWORDS : CRIMINAL LAW - offence under clause 18A Pawnbrokers and Second-Hand Dealers Regulation 2003 - not ensuring that a tag, label or attachment bearing a contract number or stock number was attached to item taken in trade or pawn during course of licensee's business - charges dismissed in Local Court - appeal to Supreme Court on ground involving a question of law alone - whether appeal involves question of law alone or question of fact and/or question of mixed fact and law - nature of obligation upon licensee under clause 18A - meaning of "ensure" - time when tag, label or attachment is to be affixed to item - obligation of Magistrate to give reasons for dismissing criminal charges - error of law established - matters remitted to Local Court

Crimes (Local Courts Appeal and Review) Act 2001 Pawnbrokers and Second-Hand Dealers Act 1996 Director of Public Prosecutions Act 1986 LEGISLATION CITED : Criminal Procedure Act 1986 Interpretation Act 1987 Suitors' Fund Act 1951 Pawnbrokers and Second-Hand Dealers Regulation 2003