Director of Public Prosecutions (NSW) v O’Conner [2006] NSWSC 458

Reported Decision : 181 A Crim R 294

New South Wales Supreme Court

CITATION : Director of Public Prosecutions (NSW) v O'Conner [2006] NSWSC 458

HEARING DATE(S) : 1 May 2006, 11 May 2006

JUDGMENT DATE : 12 May 2006

JUDGMENT OF : Johnson J at 1

EX TEMPORE JUDGMENT DATE : 05/12/2006

DECISION : 1. The direction made by the Second Defendant on 8 February 2006 under ss.91 and 93 Criminal Procedure Act 1986 requiring V to attend to give evidence at the committal proceedings against the First Defendant is quashed.; 2. The matter is remitted to the Goulburn Local Court to be heard and determined according to law.; 3. The First Defendant is to pay the Plaintiff's costs of and incidental to the Summons.; 4. The First Defendant is granted a certificate under s.6 Suitors' Fund Act 1951.; 5. The order made by Johnson J on 1 May 2006 staying the committal proceedings until further order of the Court is dissolved.; 6. Orders may be entered forthwith.

CATCHWORDS : CRIMINAL LAW - committal proceedings - direction under ss.91 and 93 Criminal Procedure Act 1986 that complainant attend to give evidence - refusal of prosecution application for adjournment of ss.91 and 93 application - whether denial of procedural fairness - special reasons test - whether actual or constructive failure by Magistrate to exercise jurisdiction on ss.91 and 93 application - legal status of Local Court Practice Note - adequacy of reasons for direction

Supreme Court Act 1970 Crimes (Local Courts Appeal and Review) Act 2001 Criminal Procedure Act 1986 LEGISLATION CITED : Crimes Act 1900 Justices Act 1902 Local Courts Act 1982 Suitors' Fund Act 1951