KNAGGS v DIRECTOR OF PUBLIC PROSECUTIONS & ANOR [2007] NSWCA 83

Reported Decision: 170 A Crim R 366

New South Wales Court of Appeal

CITATION: KNAGGS v DIRECTOR OF PUBLIC PROSECUTIONS & ANOR [2007] NSWCA 83

HEARING DATE(S): 12 March 2007

JUDGMENT DATE: 11 April 2007

JUDGMENT OF: Mason P at 1; Tobias JA at 2; Campbell JA at 3

DECISION: (1) Summons dismissed. (2) Claimant to pay costs of the opponent.

CATCHWORDS: ADMINISTRATIVE LAW — prerogative writs and orders — certiorari — decision of Court — statutory procedures for commencing summary criminal proceedings before Local Court — whether legislative intention that an act done in breach of statutory provision be invalid - CRIMINAL LAW — procedure — information, indictment or presentment — summary proceedings before Local Court — conviction of assault occasioning actual bodily harm by inferior court — validity of Court Attendance Notice that commenced criminal proceedings in Local Court — requirement of Court Attendance Notice to "briefly state the particulars of the alleged offence" — effect of inadequate stating of particulars in Court Attendance Notice upon the validity of conviction — Criminal Procedure Act 1986, s 175(3)(b) - CRIMINAL LAW – purpose of particulars – whether particulars in Court Attendance Notice can be amended – power of Local Court to require further particulars – nature of appeal from Local Court to District Court - COURTS AND JUDGES — bias — whether reasonable apprehension of bias

Courts Legislation Miscellaneous Amendments Act 2002 Crimes (Appeal and Review) Act 2001 Crimes Act 1900 Criminal Procedure Act 1986 Criminal Procedure Amendment (Justices and Local Courts) Act 2001 Director of Public Prosecutions Act 1986 District Court Act 1973 LEGISLATION CITED: District Court Rules Immigration Restriction Acts Interpretation Act 1987 Justices Act 1902 Local Courts (Criminal and Applications Procedure) Rule 2003 Local Courts Act 1982 Summary Jurisdiction Act 1848 (Imp) (11 & 12 Vic c 43) Supreme Court Act Workers Compensation Act 1987