NSW Caselaw
New South Wales Supreme Court
CITATION : POLIAKOV v MAGISTRATE ANDREW GEORGE & ANOR [2009] NSWSC 1133 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 30/09/2009, 22/10/2009
JUDGMENT DATE : 22 October 2009
JUDGMENT OF : Buddin J
EX TEMPORE JUDGMENT DATE : 22 October 2009
1 The decision of his Honour Magistrate Andrew George made on 30 June 2009 declining to direct that Hussein Farhat and Detective Inspector Steven Patton attend to give oral evidence at the hearing of the committal proceedings is quashed. DECISION : 2 The proceedings are remitted to the Local Court to be heard and determined according to law. 3 Any order staying the committal proceedings until the decision of this Court is dissolved. 4 The parties have liberty to apply on the question of costs within 7 days.
CATCHWORDS : Committal proceedings - application for attendance of witnesses for cross-examination - Whether adequate reasons provided by Magistrate for declining application - relevance of Basha enquiry
Criminal Procedure Act 1986 (NSW) LEGISLATION CITED : Supreme Court Act 1970 (NSW) Crimes (Appeal and Review) Act 2001 (NSW)
CATEGORY : Principal judgment
Abdel-Hady v Magistrate Freund & Anor (2007) 177 A Crim R 517 Acuthan v Coates (1986) 6 NSWLR 472 B v Gould and Director of Public Prosecutions (1993) 67 A Crim R 297 Chapman and Another v Gentle and Others (1987) 28 A Crim R 29 Director of Public Prosecutions v O'Conner (2006) 181 A Crim R 294 Director of Public Prosecutions v Losurdo (1998) 44 NSWLR 618 DPP v Rainibogi [2003] NSWSC 274 JW v Director of Public Prosecutions [1999] NSWSC 1244 CASES CITED : McKirdy v McCosker (2002) 127 A Crim R 217 Murphy v Director of Public Prosecutions & Anor [2006] NSWSC 965 O'Hare v DPP [2000] NSWSC 430 Quami v DPP (NSW) and Anor (2008) 186 A Crim R 72 R v Kennedy (1997) 94 A Crim R 341 R v Losurdo (1998) 103 A Crim R 162 Sasterawan v Morris [ 2008] NSWCA 70 Sim v Magistrate Corbett & Anor [2006] NSWSC 665 Soulemezis v Dudley (Holdings) Pty Limited (1987) 10 NSWLR 247 Steele v DPP (NSW) and Anor (2007) 186 A Crim R 1
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate