Director of Public Prosecutions (NSW) v Chaouk and Anor [2010] NSWSC 1418

New South Wales Supreme Court

CITATION : Director of Public Prosecutions (NSW) v Chaouk and Anor [2010] NSWSC 1418

HEARING DATE(S) : 26 November 2010

JUDGMENT DATE : 8 December 2010

JUDGMENT OF : Johnson J at 1

1. An order is made calling up the record of the Parramatta Local Court relating to the First Defendant on 7 October 2009. 2. An order is made in the nature of certiorari quashing the decision of the Parramatta Local Court on 7 October 2009 refusing the prosecution's application for adjournment. DECISION : 3. An order is made quashing the order of dismissal made by the Parramatta Local Court on 7 October 2009 with respect to the charges brought against the First Defendant. 4. An order is made that the proceedings be remitted to the Parramatta Local Court to be heard and determined according to law. 5. No order is made as to costs.

CATCHWORDS : CRIMINAL LAW - claim for prerogative relief - summary hearing - charges of affray and being armed with intent to commit indictable offence - failure by police to comply with brief of evidence requirements - brief included ERISP of witness and not witness statement - prosecution application to dispense with brief requirements and for adjournment - defence opposed dispensation application but consented to adjournment - refusal by Magistrate of both prosecution applications - charges dismissed - held that refusal of adjournment constituted denial of procedural fairness - relief granted

Crimes (Appeal and Review) Act 2001 Crimes Act 1900 Criminal Procedure Act 1986 LEGISLATION CITED : Supreme Court Act 1970 Suitors' Fund Act 1951 Justices Act 1902 Local Court Rules 2009