NSW Caselaw
New South Wales Supreme Court
CITATION : Campbell and 4 Ors v Director of Public Prosecutions (NSW) [2008] NSWSC 1284
HEARING DATE(S) : 11/03/08; 12/03/08
JUDGMENT DATE : 3 December 2008
JURISDICTION : Common Law
JUDGMENT OF : Hidden J
DECISION : Appeals allowed, convictions set aside.
CATCHWORDS : CRIMINAL LAW - appeals against convictions in Local Court for affray, assault AOBH - admissibilty of recorded police interviews - evidence illegally obtained - contravention of LEPRA requirement to notify ALS of Aboriginal persons in custody - whether convictions should be set aside without remitter to Local Court - as to one plaintiff, whether conviction supported by the evidence
Crimes (Appeal and Review) Act 2001 Director of Public Prosecutions Act 1986. Evidence Act 1995 LEGISLATION CITED : Law Enforcement (Powers and Responsibilities) Act 2002 Criminal Appeal Act 1912 Justices Act 1902 (repealed) Law Enforcement (Powers and Responsibilities) Regulation 2005
CATEGORY : Principal judgment
Acuthan v Coates (1986) 6 NSWLR 472 Colosimo v Director of Public Prosecutions [2005] NSWSC 854, 64 NSWLR 654 Williams v The Queen (1986) 161 CLR 278 CASES CITED : Mitchell v Nestle Australia Ltd (1988) 36 A Crim R 119 Downes v DPP [2000] NSWSC 1054 Suthers v Director of Public Prosecutions [2003] NSWSC 570 Lake Macquarie City Council v Morris [2005] NSWSC 387, 63 NSWLR 263 Director of Public Prosecutions v Belani [2005] NSWSC 1013, 64 NSWLR 319
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