Adam James Lee v Director of Public Prosecutions (New South Wales) and Anor [2007] NSWCA 51

New South Wales Court of Appeal

CITATION: Adam James Lee v Director of Public Prosecutions (New South Wales) and Anor [2007] NSWCA 51

HEARING DATE(S): 14 March 2007

JUDGMENT DATE: 14 March 2007

JUDGMENT OF: Spigelman CJ at 1, 20; Mason P at 18; Ipp JA at 19

DECISION: 1 Leave to appeal refused; 2 The Claimant to pay the opponent's costs of the appeal; 3 The Claimant to have a certificate under the Suitors' Fund Act if otherwise entitled.

CATCHWORDS: APPEAL – appeal from a magistrate - whether a single judge of the Supreme Court correctly characterised the decision of a magistrate of the District Court as raising a question of law and displaying error – whether a single judge of the Supreme Court correctly exercised discretion to remit the matter for a further trial - APPEAL - practice and procedure - New South Wales - Suitors' Fund Act

LEGISLATION CITED: Crimes (Appeal & Review) Act 2001; s56; s59(2) Suitors' Fund Act 1951

Adam James Lee (Claimant) PARTIES: Director of Public Prosecutions (NSW) (First Opponent) Her Honour Magistrate Patricia June O'Shane (Second Opponent)

FILE NUMBER(S): CA 40266/06

COUNSEL: R Bonnici (Claimant) P I Lakatos SC (First Opponent)

J Lewis, Justin Lewis & Co Lawyers (Claimant) SOLICITORS: R Paul, Office of the Director of Public Prosecutions (First Opponent) P Eagle, Crown Solicitors' Office (NSW) (Second Opponent)

LOWER COURT JURISDICTION: Supreme Court

LOWER COURT FILE NUMBER(S): 13551/05

LOWER COURT JUDICIAL OFFICER: Howie J

LOWER COURT DATE OF DECISION: 12 April 2006

LOWER COURT MEDIUM NEUTRAL CITATION: DPP v Adam James Lee & Anor [2006] NSWSC 270