DPP v Streeting [2013] NSWSC 789

Supreme Court New South Wales

Medium Neutral Citation: DPP v Streeting [2013] NSWSC 789 Hearing dates: 14 June 2013 Decision date: 28 June 2013 Jurisdiction: Common Law Before: Davies J Decision: Summons dismissed Catchwords: ADMINISTRATIVE LAW - appeal from Local Court - application for prerogative relief - prosecution fails to serve notice pursuant to s 177 Evidence Act 1995 - refusal of adjournment by magistrate - whether error of law - whether failure to consider relevant matters - whether exceptional circumstances or serious injustice demonstrated to justify appellate interference. Legislation Cited: Crimes (Appeal and Review) Act 2001 Evidence Act 1995 Firearms Act 1996 Justices Act 1902 Local Court Rules Cases Cited: Blazevski v Judges of the District Court of NSW (1992) 29 ALD 197 Director of Public Prosecutions v Gursel Ozakca [2006] NSWSC 1425; (2006) 68 NSWLR 325 Director of Public Prosecutions v West [2000] NSWCA 103; (2000) 48 NSWLR 647 Director of Public Prosecutions (NSW) v Maleselo Fungavaka [2010] NSWSC 917 House v The King (1936) 55 CLR 499 Pearce v Queen (1998) 194 CLR 610 Category: Principal judgment Parties: Director of Public Prosecutions (Plaintiff) Mark Anthony William Streeting (First Defendant) Local Court of NSW (Second Defendant) Representation: Counsel: A Mitchelmore & T Phillips (Plaintiff) J Nicholson SC (First Defendant) Submitting appearance (Second Defendant) Solicitors: Solicitor for Public Prosecutions (Plaintiff) Aboriginal Legal Service (First Defendant) Crown Solicitors Office (Second Defendant) File Number(s): 2012/385024 Decision under appeal Date of Decision: 2012-08-16 00:00:00 Before: Jackson LCM File Number(s): 2012/385024