NSW Caselaw
New South Wales Supreme Court
CITATION : Director of Public Prosecutions (NSW) v Harrison [2008] NSWSC 349
HEARING DATE(S) : 17 March 2008
JUDGMENT DATE : 17 March 2008
JUDGMENT OF : Price J at 1
EX TEMPORE JUDGMENT DATE : 17 March 2008
DECISION : 1. A declaration that the learned Magistrate erred in law in that he failed to apply s 16(1)(g) of the Criminal Procedure Act in determining that a discrepancy between the evidence and the Court Attendance Notices as to the time at which the offences in question were alleged to have occurred rendered the Court Attendance Notices insufficient and obliged the Court to dismiss the notices. 2. The order made by the learned Magistrate in the Local Court at Wollongong on 21 September 2007 dismissing the proceedings against the defendant for an offence of affray contrary to s 93C (1) of the Crimes Act be set aside. 3. The order made by the learned Magistrate in the Local Court at Wollongong on 21 September 2007, dismissing the proceedings against the defendant for an offence of assault police contrary to s 60(1) of the Crimes Act be set aside. 4. Each matter is to be remitted back to the Local Court at Wollongong to be heard and determined according to law. No order as to costs.
CATCHWORDS : Criminal law - Court Attendance Notice - Time not an essential ingredient of offences
Crimes Act 1900 s 60(1), s 93C(1), LEGISLATION CITED : Criminal Procedure Act 1986 s 15(2), s 16, s 16(1)(g), s 20 Crimes (Appeal and Review) Act 2001 s 59(2)
CATEGORY : Principal judgment
CASES CITED : R v Stringer (2000) A Crim R 198 WGC v The Queen (2007) 82 ALJR 220
PARTIES : Director of Public Prosecutions (NSW) Dane Harrison
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