AB v DIRECTOR OF PUBLIC PROSECUTIONS (NSW) & ANOR [2008] NSWCA 91

Reported Decision: 184 A Crim R 183

New South Wales Court of Appeal

CITATION: AB v DIRECTOR OF PUBLIC PROSECUTIONS (NSW) & ANOR [2008] NSWCA 91

HEARING DATE(S): 6 May 2008 JUDGMENT OF: Giles JA at 18; Campbell JA at 19; Handley AJA at 1

EX TEMPORE JUDGMENT DATE: 6 May 2008

1. Leave to appeal granted with effect from 3 March 2008 when the notice of appeal was filed without leave. DECISION: 2. Dispense with further complaince with the Rules. 3. Appeal dismissed. No order as to costs.

CATCHWORDS: CRIMINAL PROCEDURE - Summary proceedings - Withdrawal of charge by prosecutor - Resulting dismissal of charge - No right in accused to certificate of dismissal which would bar later proceedings on the same charge

Supreme Court Act 1970 LEGISLATION CITED: Criminal Procedure Act 1986 Criminal Legislation Amendment Act 2007

CATEGORY: Principal judgment

PM v The Queen [2007] HCA 49; 82 ALJR 57 CASES CITED: Director of Public Prosecutions v PM [2006] NSWCCA 297; 67 NSWLR 46 Gilham v The Queen [2007] NSWCCA 323

PARTIES: AB (Appellant) Director of Public Prosecutions (NSW) (Respondent)

FILE NUMBER(S): CA 40031/08

COUNSEL: G K Walsh (Appellant) D C Frearson SC (Respondent)

SOLICITORS: Fox O'Brien (Appellant) S C Kavanagh, Solicitor for Public Prosecutions (Respondent)

LOWER COURT JURISDICTION: Supreme Court - Common Law Division

LOWER COURT FILE NUMBER(S): SC 16400/07

LOWER COURT JUDICIAL OFFICER: Adams J

LOWER COURT DATE OF DECISION: 13 February 2008