NSW Caselaw
New South Wales Supreme Court
CITATION : DPP (Cth) v Neamati [2007] NSWSC 746
HEARING DATE(S) : 03/07/2007
JUDGMENT DATE : 12 July 2007
JUDGMENT OF : Howie J at 1
DECISION : 1. The appeal is allowed. 2. The orders of the Magistrate dismissing the six charges the subject of these proceedings and the order for costs are quashed. 3. The proceedings are remitted to the Local Court to be heard before a different magistrate conformably with this judgment. 4. The defendant is to pay the plaintiff's cost of this appeal but is to have the benefit of a certificate under the Suitor's Fund Act if otherwise entitled.
CATCHWORDS : Criminal Law - Practice and Procedure - Prosecutor's appeal from a finding of no prima facies case and dismissal of informations - whether error of law - finding that prosecution failed to prove a fact that was not an element of the offence - error as to standard of proof at prima facie level - costs order against prosecutor unreasonable.
Criminal Code (Cth) 1995 - ss 5.3, 5.4, 5.4(4), 5.6(1), 5.6(2), 135.2(1), Chapter 2 Crimes (Appeal and Review) Act 2001 - s 56(1) LEGISLATION CITED : Financial Transaction Reports Act (Cth) 1992 Customs Act 1901 Criminal Procedure Act 1986 - s 214(1)(c)
Lodhi v R [2006] NSWCCA 121 Lee v R [2007] NSWCCA 71 R v JMR (1991) 74 A Crim R 39 CASES CITED : Torrance v Cornish (1985) 79 FLR 87 He Kaw Teh v The Queen (1985) 157 CLR 523 Ianella v French (1968) 119 CLR 84 Latoudis v Casey (1990) 170 CLR 534
PARTIES : The Director of Public Prosecutions (Cth) v Parham Neamati
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