CDPP v Bozana Fabri [2008] NSWSC 655

Reported Decision : 218 FLR 209

New South Wales Supreme Court

CITATION : CDPP v Bozana Fabri [2008] NSWSC 655

HEARING DATE(S) : 20/06/2008 JUDGMENT OF : Rein J

EX TEMPORE JUDGMENT DATE : 20 June 2008

DECISION : At [16]

CATCHWORDS : Appeal from Magistrate's decision dismissing an information brought pursuant to s 20A(5) Crimes Act 1914 (Cth) - Failure to comply with condition of recognisance - Whether information alleging commission of an offence need be brought within period in which good behaviour is required - No requirement that information be brought within this time if offence in question occurs within the period in which good behaviour is required - No ambiguity found in s 20A(1A) Crimes Act 1914 (Cth)

Crimes (Appeal and Review) Act 2001, s 56 LEGISLATION CITED : Social Security (Administration) Act 1999 (Cth), s 215 Criminal Code, s 135(2)(1) Crimes Act 1914 (Cth), s 20A

Mill v The Queen (1988) 161 CLR 59 CASES CITED : Pearce v The Queen (1998) 166 CLR 59 DPP v James Adam Lee & Anor (2006) NSWSC 270

PARTIES : The Commonwealth Director of Public Prosecutions Bozana Fabri

FILE NUMBER(S) : SC 11567/08

COUNSEL : D.K. Jordan (CDPP)

SOLICITORS : A. Powell (CDPP)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION Rein J 20 June 2008

11567/08 Commonwealth Director of Public Prosecutions v Bozana Fabri

JUDGMENT 1 His Honour: In this matter the Commonwealth Director of Public Prosecutions by summons appeals from a decision of her Honour Magistrate O'Shane made on 12 March 2008, in which her Honour dismissed an information and summons exhibited on 29 November 2007, in respect of Bozana Fabri ("the defendant").