Director of Public Prosecutions v Levent Aydogan and Ravena Annie Gosper [2006] NSWSC 558

Reported Decision : 67 NSWLR 727

New South Wales Supreme Court

CITATION : Director of Public Prosecutions v Levent Aydogan and Ravena Annie Gosper [2006] NSWSC 558

HEARING DATE(S) : 12 December 2005

JUDGMENT DATE : 8 June 2006

JUDGMENT OF : Latham J

DECISION : The appeal is allowed. I make the following orders and declaration; 1. That the order of the magistrate made on 29 June 2005 at the Downing Centre Local Court dismissing the proceedings against each defendant be set aside; 2. That the magistrate erred at law in finding the false statement made by the first defendant, dated 6 June 2003 in the matter of Police v Donna Maree Bishop did not constitute "evidence" for the purpose of s 317(b) of the Crimes Act 1900; 3. That the magistrate erred at law in finding the false statement made by the second defendant, dated 18 June 2003 in the matter of Police v Donna Maree Bishop did not constitute "evidence" for the purpose of s 317(b) of the Crimes Act 1900; 4. That the matters be remitted to the Local Court to be dealt with according to law; 5. That the defendants pay the Plaintiff's costs in these proceedings. The costs are to be paid to the Registrar of the Downing Centre Local Court within two months of the receipt by the defendants of the bill of costs by the Director of Public Prosecutions. I grant to each of the defendants a certificate under s 6 of the Suitors Fund Act 1951

CATCHWORDS : Appeal from Local Court - whether Magistrate erred in law in finding that false statements were not "evidence" for purposes of s 317(b) Crimes Act - statutory interpretation of Part 7, Crimes Act - s 317 the statutory equivalent of attempt to pervert the course of justice.

Crimes Act 1900 Crimes (Local Courts Appeal and Review) Act 2001 LEGISLATION CITED : Criminal Procedure Act 1986 Crimes (Public Justice) Amendment Act 1990 Suitors Fund Act 1951