NSW Caselaw
New South Wales Supreme Court
CITATION : Steele v Director of Public Prosecutions [2007] NSWSC 926
HEARING DATE(S) : 31 July 2007-1 August 2007 JURISDICTION : Civil
JUDGMENT OF : McClellan CJatCL
EX TEMPORE JUDGMENT DATE : 1 August 2007
DECISION : 1. The amended summons is dismissed; 2. The plaintiff is to pay the first defendant's costs.
CATCHWORDS : Section 53(3)(a) appeal – plaintiff also seeking prerogative relief – aggravated indecent assault – committal stage of proceedings – power of magistrate to direct attendance at committal – inconsistencies in complainant's evidence – complainant not directed by magistrate to attend – whether decision was correct – whether cross-examination of the complainant was likely to reveal further inconsistencies
Crimes Act 1900 LEGISLATION CITED : Crimes Procedure Act 1986 Crimes (Appeal and Review) Act 2001
B v Gould & Director of Public Prosecutions (1993) 67 A Crim R 297 CASES CITED : McKirdy v McCosker (2002) 127 A Crim R 217; [2002] NSWSC 197 Nanevski v Haskett [2006] NSWSC 1114
Craig Christopher Steele (Pltf) PARTIES : Director of Public Prosecutions (1D) Forbes LCM (2D)
FILE NUMBER(S) : SC 2007/12824
J I Ghabrial (Pltf) COUNSEL : D M L Woodburne (1D) submitting appearance (2D)
Greg Walsh & Co (Pltf) SOLICITORS : Director of Public Prosecutions (1D) Crown Solicitor (2D)
LOWER COURT JURISDICTION : Local Court
LOWER COURT JUDICIAL OFFICER : Forbes LCM
LOWER COURT DATE OF DECISION : 17 May 2007
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