Director of Public Prosecutions (NSW) v Soliman [2013] NSWSC 346

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (NSW) v Soliman [2013] NSWSC 346 Hearing dates: 11 December 2012 Decision date: 16 April 2013 Jurisdiction: Common Law Before: Button J Decision: (1) Appeal allowed. (2) The order of the Magistrate dismissing the matter is set aside. (3) The matter is remitted to the Local Court for further hearing. Catchwords: CRIMINAL LAW - Appeal by DPP pursuant to Part 5 of the Crimes (Appeal and Review) Act 2001 - matter dismissed pursuant to s 32 of Mental Health (Forensic Provisions) Act 1990 - insufficient reasons contained in judgment - appeal allowed - matter remitted to Local Court Legislation Cited: Bail Act 1978 Crimes (Appeal and Review) Act 2001 Evidence Act 1995 Mental Health (Forensic Provisions) Act 1990 Cases Cited: Commonwealth Director of Public Prosecutions v Seymour [2009] NSWSC 555 Confos v Director of Public Prosecutions (NSW) [2004] NSWSC 1159 Director of Public Prosecutions v El Mawas [2006] NSWCA 154; (2006) 66 NSWLR 93 Director of Public Prosecutions (NSW) v Dewes [2008] NSWSC 1141 Director of Public Prosecutions (NSW) v Illawarra Cashmart Pty Limited [2006] NSWSC 343; 67 NSWLR 402 Fang v R [2010] NSWCCA 254 Khalil v His Honour, Magistrate Johnson [2008] NSWSC 1092 Mantell v Molyneux [2006] NSWSC 955; (2006) 165 A Crim R 83 Perry v Forbes (unreported, Supreme Court of NSW, 21 May 1993) Category: Principal judgment Parties: Director of Public Prosecutions (plaintiff) Andrew Soliman (first defendant) The Local Court of New South Wales (second defendant) Representation: Counsel: I Bourke (plaintiff) C Smith (defendant) Solicitors: Solicitor for Public Prosecutions (plaintiff) Legal Aid (NSW) (defendant) File Number(s): 12/310875 Decision under appeal Jurisdiction: 9109 Date of Decision: 2012-06-19 00:00:00 Before: Coombs LCM File Number(s): 2011/217122, 2011/21736