Collier v Director of Public Prosecutions (NSW) [2011] NSWCA 202

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Collier v Director of Public Prosecutions (NSW) [2011] NSWCA 202 Hearing dates: 5 July 2011 Decision date: 25 July 2011 Before: Hodgson JA at 1; Campbell JA at 69; Latham J at 70 Decision: Summons dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CRIMINAL LAW - Plea of guilty in Local Court - Non-compliance with requirement of s 192 of the Criminal Procedure Act 1986 that the court state the substance of the offence to the accused - Whether plea thereby invalidated. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 s 97 Criminal Procedure Act 1986 ss 3, 172, 175, 177, 182, 192, 193 Games, Wagers and Betting Houses Act 1902 Justices Act 1902 s 78 Cases Cited: Ex parte Dunn (1904) 21 WN(NSW) 152 R v Paauwe [1971] 2 NSWLR 235 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Sagiv v R (1986) 22 A Crim R 73 R v Wakefield Justices, ex parte Butterworth [1970] 1 All ER 1181 Wong v DPP [2005] NSWSC 129 Category: Principal judgment Parties: Applicant/Appellant: Marion Louise COLLIER First Respondent: DIRECTOR OF PUBLIC PROSECUTIONS (NSW) Second Respondent: JUDGE WALMSLEY of the District Court Third Respondent: HER HONOUR MAGISTRATE STEVENSON Representation: Applicant/Appellant: In Person First Respondent: M W Anderson Applicant/Appellant: Self-represented First Respondent: S C Kavanagh, solicitor for Public Prosecutions Second Respondent: I V Knight, Crown Solicitor Third Respondent: I V Knight, Crown Solicitor File Number(s): 2009/261892 Decision under appeal Date of Decision: 2010-06-23 00:00:00 Before: S Walmsley SC DCJ File Number(s): 2009/261892