Commonwealth Director of Public Prosecutions v Seymour [2009] NSWSC 555

New South Wales Supreme Court

CITATION : Commonwealth Director of Public Prosecutions v Seymour [2009] NSWSC 555

HEARING DATE(S) : 16 June 2009

JUDGMENT DATE : 19 June 2009

JUDGMENT OF : Simpson J

DECISION : (i) Appeal allowed; (ii) Quash the orders of the Magistrate under s 20BQ of the Crimes Act 1914 (Cth) in so far as they relate to the offences which were subject to a recognizance entered into on 22 March 2004 under s 20(1)(a) of the Crimes Act 1914 (Cth); (iii) Pursuant to the provisions of s 59(2)(a) of the Crimes (Appeal and Review) Act 2001 (NSW) set aside the order and order, pursuant to s 20A(5)(b)(iii) of the Crimes Act 1914 (Cth), that no action be taken on the breach of recognizance; (iv) No order as to costs save that the defendant is to have a certificate under s 6 of the Suitors' Fund Act 1951.

CATCHWORDS : PROCEDURE – judgments and orders – federal offences – pleas of guilty – defendant committed – defendant released on recognizance under s 20(1)(a) Crimes Act 1914 (Cth) – further offences – information alleging breach of recognizance – defendant suffering mental illness – recognizance order revoked under s 20A(5)(b)(ii) Crimes Act – magistrate purported to set aside conviction – charges dismissed – s 20BQ Crimes Act – no jurisdiction in magistrate to set aside convictions – orders made by magistrate quashed in relation to offences subject to recognizance – no action to be taken on breach of recognizance - APPEAL – practice and procedure – powers of court – construction and applicability of s 20BQ does not arise for determination – correctness of Morrison v Behrooz does not arise for determination – inappropriate exercise of judicial function to review legislation and correctness of decision of court of commensurate jurisdiction that does not arise for determination