CL v Director of Public Prosecutions (NSW) [2011] NSWSC 943

Supreme Court New South Wales

Medium Neutral Citation: CL v Director of Public Prosecutions (NSW) [2011] NSWSC 943 Hearing dates: 30/06/2011 Decision date: 26 August 2011 Jurisdiction: Common Law Before: Fullerton J Decision: Orders made by Chief Magistrate Henson on 22 February 2011 are set aside. Catchwords: APPEAL FROM LOCAL COURT - application for evidence of admissions to be excluded - admissions not tape recorded - whether s 281 of the Criminal Procedure Act only applies to offences being dealt with on indictment - whether s 281 of the Criminal Procedure Act has application to proceedings conducted in accordance with ss 26-31 of the Children (Criminal Proceedings) Act - discretion to admit evidence under ss 85 and 86 of the Evidence Act Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Criminal Procedure Act 1986 Director of Public Prosecutions Act 1986 Evidence Act 1995 Cases Cited: R v Crowther-Wilkinson; R v Cowie [2003] NSWSC 44; 138 A Crim R 473 R v Reid [1999] NSWCCA 258 R v Rowe [2001] NSWCCA 1; 50 NSWLR 510 Category: Principal judgment Parties: CL (Plaintiff) Director of Public Prosecutions (NSW) (Defendant) Representation: Counsel JS Manuell SC (Plaintiff) CA Webster (Defendant) Solicitors Aboriginal Legal Service (NSW/ACT) (Plaintiff) Director of Public Prosecutions (NSW) (Defendant) File Number(s): 2011/90688 Publication restriction: Plaintiff to be identified by pseudonym "CL" Decision under appeal Jurisdiction: 9109 Date of Decision: 2011-02-22 00:00:00 Before: Chief Magistrate Henson