Director of Public Prosecutions (NSW) v Elias [2013] NSWSC 28

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (NSW) v Elias [2013] NSWSC 28 Hearing dates: 6/12/2012 Decision date: 01 February 2013 Before: Fullerton J Decision: 1. The appeal is allowed. 2. The orders of Miszalski LCM dismissing the information charging the first defendant with an offence under s 192E of the Crimes Act are set aside. 3. The matter is to be remitted to the Local Court to be dealt with according to law. 4. I direct that a magistrate other than Miszalski LCM preside over any rehearing of the information. Catchwords: APPEAL - appeal from Local Court - attempt to dishonestly obtain financial advantage by deception from Tabcorp - match fixing - adequacy of reasons in dismissing the information - failure to consider elements of offence and admissibility of expert evidence - whether matter should be remitted Legislation Cited: Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Supreme Court Act 1970 Cases Cited: Avery v Registrar of Births, Deaths and Marriages; Avery v State of NSW (Attorney-General's Dept) [2010] NSWCA 72; 79 NSWLR 354 Director of Public Prosecutions v Abouali [2011] NSWSC 110 Director of Public Prosecutions v CAD [2003] NSWSC 196 Director of Public Prosecutions v Elskaf [2012] NSWSC 21 Director of Public Prosecutions (NSW) v Illawarra Cashmart Pty Limited [2006] NSWSC 343; 67 NSWLR 402 Director of Public Prosecutions (NSW) v Wililo and Anor [2012] NSWSC 713 R v Mai (1992) 26 NSWLR 371 Shepherd v R [1990] HCA 56; 170 CLR 573 Stoker v Adecco Gemvale Constructions Pty Ltd [2004] NSWCA 449 Workers Compensation (Dust Diseases) Board of NSW v Smith, Munro and Seymour [2010] NSWCA 19 Texts Cited: New South Wales Law Reform Commission Consultation Paper, Cheating at Gambling (March 2011) Category: Principal judgment Parties: Director of Public Prosecutions (Plaintiff) John Joseph Elias (First Defendant) Local Court of New South Wales (Second Defendant) Representation: Counsel: J Pickering SC (Plaintiff) J Stratton SC/N Mikhaiel (First Defendant) Solicitors: Solicitor for Public Prosecutions (Plaintiff) Legal Aid commission of New South Wales (First Defendant) File Number(s): 2012/65546 Decision under appeal Date of Decision: 2011-11-24 00:00:00 Before: Miszalski LCM