Director of Public Prosecutions v Cakici and Anor [2006] NSWSC 454

New South Wales Supreme Court

CITATION : Director of Public Prosecutions v Cakici and Anor [2006] NSWSC 454

HEARING DATE(S) : 5 May 2006

JUDGMENT DATE : 5 May 2006

JUDGMENT OF : Johnson J at 1

EX TEMPORE JUDGMENT DATE : 05/05/2006

DECISION : 1. Declaration that the Second Defendant erred in law as to the proper construction and application of the provisions of clause 37 of the Local Courts (Criminal and Applications Procedure) Rule 2003.; 2. First Defendant ordered to pay the Plaintiff's costs of the proceedings, but a certificate is granted to the First Defendant under s.6 Suitors' Fund Act 1951.

CATCHWORDS : CRIMINAL LAW - Local Court practice and procedure - requirements for valid court attendance notice - endorsement of service of notice - whether endorsement of service must include place of service - held that endorsement need not state place of service - appropriate order where Magistrate makes finding of no jurisdiction

Crimes (Local Courts Appeal and Review) Act 2001 Director of Public Prosecutions Act 1986 Road Transport (Driver Licensing) Act 1998 LEGISLATION CITED : Justices Act 1902 Criminal Procedure Act 1986 Suitors' Fund Act 1951 Local Courts (Criminal and Applications Procedure) Rule 2003

Director of Public Prosecutions v Illawarra Cashmart Pty Ltd [2006] NSWSC 343 Director of Public Prosecutions v Goben [1999] NSWSC 696 CASES CITED : Roads and Traffic Authority v Wood (2005) 63 NSWLR 596 Sharman v Director of Public Prosecutions [2006] NSWSC 135 Barns v Edwards (1993) 31 NSWLR 714 Director of Public Prosecutions v Belani [2005] NSWSC 1013