NSW Caselaw
New South Wales Supreme Court
CITATION : Adams v Reahy & Anor [2007] NSWSC 1276 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 8/11/2007
JUDGMENT DATE : 12 November 2007
JUDGMENT OF : Hoeben J at 1
DECISION : The time for filing the Summons is extended to 28 June 2007; The appeal is allowed; The order of his Honour Mr Maughan LCM of 28 May 2007 permanently staying the prosecution of the first respondent by the appellant is quashed; In lieu thereof, I order that the prosecution of the first respondent by the appellant be stayed until an opportunity is provided to the first respondent's legal advisers of having the dog "Lance" appropriately examined; The proceedings are to be remitted to the Local Court to be dealt with according to law; Each party is to pay her or his own costs of this application.
CATCHWORDS : Appeal from Local Court - element of unfairness in prosecution - whether permanent stay appropriate - whether alternatives to permanent stay considered - unfairness required stay but not permanent stay.
LEGISLATION CITED : Crimes (Appeal and Review) Act 2001 Prevention of Cruelty to Animals Act 1979
CASES CITED : Chief Executive Officer of Customs v Pham [2006] NSWSC 285 Jago v The District Court of NSW & Ors (1989) 168 CLR 23
Skye Adams - Appellant PARTIES : Zac Reahy - First Respondent His Honour Magistrate Maughan - Second Respondent
FILE NUMBER(S) : SC 13240/2007
H Dhanji - Appellant COUNSEL : R Sweet - First Respondent D Blazer - Second Respondent
Smythe Wozniak - Appellant SOLICITORS : John Sydney Taylor - First Respondent I V Knight - Crown Solicitor - Second Respondent
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