NSW Caselaw
Reported Decision : 68 NSWLR 325
New South Wales Supreme Court
CITATION : Director of Public Prosecutions v Gursel Ozakca & Anor [2006] NSWSC 1425
HEARING DATE(S) : 11/12/06
JUDGMENT DATE : 21 December 2006
JURISDICTION : Supreme Court
JUDGMENT OF : Rothman J
DECISION : (a) an order in the nature of certiorari, pursuant to the terms of s69 of the Supreme Court Act, calling up the record of the Local Court sitting in its criminal jurisdiction in proceedings of Police v Gursel Ozakca and the orders of his Honour Magistrate McIntosh of 30 May 2006 refusing an application for adjournment made by the prosecution and dismissing the proceedings; (b) an order in the nature of certiorari quashing the aforesaid decisions of the learned Magistrate; (c) a declaration that the jurisdiction of the Magistrate in the aforesaid matter has constructively not been exercised; (d) an order that the matter be remitted to the Local Court to be dealt with in accordance with law; (e) an order pursuant to the terms of s28 of the Bail Act 1978 that the defendant be granted bail in relation to the charges now pending before the Local Court on the same conditions as previously existed, such conditions to be confirmed within 48 hours of the publication of this judgment; (f) the plaintiff shall pay the defendant's costs of the proceedings before the Magistrate of 30 May 2006 and of these proceedings, as agreed or assessed.
CATCHWORDS : NATURAL JUSTICE - refusal to adjourn - special considerations in criminal proceedings - balance justice between parties - constructive failure to exercise jurisdiction
LEGISLATION CITED : Crimes (Local Courts Appeal and Review) Act 2001 (NSW)
Alexandroaia (1995) 81 A Crim R 286 Blazevski v District Court Judges of New South Wales (1992) 29 ALD 197 ex parte Hebburn Limited v Kearsley Shire Council (1947) 47 SR(NSW) 416 House v The King (1936) 55 CLR 499 Maxwell v Keun [1928] 1 KB 645 CASES CITED : MIMA v Bhardwaj (2002) 209 CLR 597 Pearce v Queen (1998) 194 CLR 610 Priddle v Fisher [1968] 1 WLR 1478 Queensland v JL Holdings Pty Limited (1997) 189 CLR 146 Sali v SPC Limited (1993) 67 ALJR 841 Sullivan v Department of Transport (1978) 20 ALR 323
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