Fuimaono v Director of Public Prosecutions [2011] NSWSC 472

Supreme Court New South Wales

Medium Neutral Citation: Fuimaono v Director of Public Prosecutions [2011] NSWSC 472 Hearing dates: 20/04/2011 Decision date: 24 May 2011 Jurisdiction: Common Law - Administrative Law Before: Rothman J Decision: (i) An order in the nature of certiorari setting aside the decision of His Honour Dr Roger Alasdair Brown LCM of 1 July 2010 in refusing the application made by Mr Fuimaono. (ii) The Local Court be directed to deal with the plaintiff's application in accordance with law. (iii) Leave be granted to the parties to approach the Court to complete any orders that are necessary to have the matter determined. (iv) No order as to costs. Catchwords: ADMINISTRATIVE LAW - challenge to magistrate's decision not to allow withdrawal of plea - material relied upon not available to defendant - Director of Public Prosecutions concedes denial of natural justice - orders in the nature of certiorari issued - no issues of principle Legislation Cited: Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Category: Principal judgment Parties: Jason Fuimaono (Plaintiff) Director of Public Prosecutions (Defendant) Representation: Counsel:

P Folino-Gallo (Plaintiff) A Mitchelmore (Defendant) Solicitors:

Reimer Winter Williamson Lawyers (Plaintiff) Office of the Director of Public Prosecutions (Defendant) File Number(s): 2010/251346

Judgment 1The plaintiff, Jason Fuimaono, seeks to overturn the decision of the Local Court refusing the application by Mr Fuimaono to withdraw a plea of guilty earlier made. The plaintiff relies upon ss 53(1), 53(3), 55(1)(b) and 55(3)(a) of the Crimes (Appeal and Review) Act 2001 (hereinafter "the Act") in his application for declaratory relief and an order in the nature of certiorari and mandamus. 2The matter came before the Court as part of the duty list. The Director of Public Prosecutions (hereinafter "the DPP") accepts that error of law has occurred. The Court reviewed the evidence before it and issued orders, reserving reasons. These are my reasons. The facts may be set out briefly.