NSW Caselaw
New South Wales Supreme Court
CITATION : Murphy v Director of Public Prosecutions & Anor [2006] NSWSC 965
HEARING DATE(S) : 04/09/06
JUDGMENT DATE : 22 September 2006
JUDGMENT OF : Whealy J at 1
DECISION : 1. Pursuant to ss 23 and 69 of the Supreme Court Act, the proceedings are remitted back to the Local Court in Lismore for the application under s 91 of the Criminal Procedure Act 1986 in relation to the witnesses, John Killeen and Bradley Fahy to be determined according to law and in accordance with these reasons. 2. That the matter be brought to the attention of the Chief Magistrate so that a Magistrate may be nominated to determine the application in accordance with order 1. 3. An order quashing so much of the decision made by the first defendant on 12 April 2006 whereby she declined to direct that the witnesses John Killeen and Bradley Fahy attend committal proceedings to give oral evidence. 4. Otherwise the Summons is dismissed. The question of costs to be reserved. It may be re-listed before the Court if necessary, on 5 days notice between the parties.
Crimes Act 1900 (NSW) LEGISLATION CITED : Criminal Procedure Act 1986 Crimes (Local Courts Appeal & Review) Act Justice Act 1902
R v Beserick (1993) 30 NSWLR 510 66 A Crim R 419 R v Zorad (1979) 2 NSWLR 764 R v Hemsley (1988) 36 A Crim R 334 Banditt v R [2005] 223 ALR [2005] HCA 80 Kant v Director of Public Prosecutions (1994) 34 NSWLR 216 at 225 R v Kennedy 94 A Crim R 341 at 351-352 Cross v McHugh (1974) 1 NSWLR 500 Acuthan v Coates (1986) 6 NSWLR 472 at 479 R v McGarvey (1987) 10 NSWLR 632 CASES CITED : O'Hare v Director of Public Prosecutions (O'Keefe J SCNSW 2 May 2000 BC200005032) B v Gould (1993) 67 A Crim R 297 R v Anderson (CCA 15 February 1994 unreported) Director of Public Prosecutions v Rainibogi [2003] NSWSC 274 per Studdert J DPP v O'Conner [2006] NSWSC 458 BC200603474 per Johnson J Sim v Magistrate Corbert [2006] NSWSC 665 BC200605321 at para 19) Losurdo v Director of Public Prosecutions & Anor (Hidden J unreported 10 March 1998 Hanna v Kearney & Anor (1998) NSWSC 227 McKirdy v McCosker [2002] 127 A Crim R 217 per Howie J R v McGarvey (1987) 10 NSWLR 632
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