NSW Caselaw
New South Wales Supreme Court
CITATION : KHALIL v HIS HONOUR, MAGISTRATE JOHNSON & ANOR [2008] NSWSC 1092
HEARING DATE(S) : Monday 13 October 2008
JUDGMENT DATE : 17 October 2008
JURISDICTION : Common Law
JUDGMENT OF : Hall J at 1
DECISION : Leave to appeal refused.
CATCHWORDS : COURTS AND JUDGES – Magistrates – summary criminal proceedings – person with alleged mental condition – application to divert from criminal law processes – Mental Health (Criminal Procedure) Act 1990, s.32 – whether proceedings part-heard by first Magistrate following adjournment – proceedings subsequently heard and determined by another Magistrate – application under s.32 refused – failure to give opportunity make submissions before Magistrate expressed a final view on one aspect - the matter under s.32(1)(b) – held denial of procedural fairness in relation to that aspect – whether denial of procedural fairness could possibly have made a difference to the outcome – held a properly conducted adjudication could not possibly have produced a different result – leave to appeal refused
Bail Act 1978 Crimes Act 1900 LEGISLATION CITED : Crimes (Appeal and Review) Act 2001 Mental Health (Criminal Procedure) Act 1990 Supreme Court Act 1970
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Ayoub v Stapleton [2001] NSWSC 767 Bridges v Minister for Immigration & Multicultural Affairs (2001) 114 FCR 456 Commissioner of Taxation v La Rosa [2003] FCAFC 125 Confos v Director of Public Prosecutions [2004] NSWSC 1159 Director of Public Prosecutions v El Mawas [2006] 66 NSWLR 93 Fifty Property Investments Pty Limited v O'Mara [2006] NSWSC 428 CASES CITED : Galea v Galea (1990) 19 NSWLR 263 Gibson v Repatriation Commission [2000] FCA 739 Makita (Australia) Pty Limited v Sprowles (2001) 52 NSWLR 705 Re Refuge Tribunal; ex parte Aala (2000) 204 CLR 82 Regina v Watson; ex parte Armstrong (1976) 136 CLR 248 Stead v State Government Insurance Commission (1986) 161 CLR 141 Vakauta v Kelly (1989) 167 CLR 568 Wentworth v Rogers (No 3) (1986) 6 NSWLR 642
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