Lironis v Director of Public Prosecutions [2013] NSWSC 1483

Supreme Court New South Wales

Medium Neutral Citation: Lironis v Director of Public Prosecutions [2013] NSWSC 1483 Hearing dates: 8 October 2013 Decision date: 11 October 2013 Before: Harrison J Decision: Summons dismissed with costs Catchwords: APPEAL - appeal from Local Court - issue of penalty notice - subsequent issue of Court Attendance Notices charging more serious offences arising out of the same facts - Fines Act s 23(2) - whether "further proceedings for the offence to which the notice relates" limited to the offence charged in the penalty notice or extended to further proceedings arising from same facts - whether Court Attendance Notices valid - whether proceedings for offences arising out of same facts barred - Fines Act Part 3 Division 2A- whether penalty notice validly withdrawn - whether reviewing agency must comply with review provisions - whether review process relevant when no review application lodged - Crimes (Appeal and Review) Act s 53(3)(b) - whether Magistrate made an "interlocutory order" - leave refused Legislation Cited: Crimes (Appeal and Review) Act 2001 Fines Act 1996 Road Rules 2008 Road Transport (Safety and Traffic Management) Act 1999 Cases Cited: LS v Director of Public Prosecutions [2011] NSWSC 1016; (2011) 81 NSWLR 551 Salter v Director of Public Prosecutions [2009] NSWCA 357; (2009) 75 NSWLR 392 Category: Principal judgment Parties: Periklis Lironis (Plaintiff) Director of Public Prosecutions (Defendant) Representation: Counsel: G Thomas (Plaintiff) I Bourke (Defendant) Solicitors: Jordan Djundja Lawyers (Plaintiff) Solicitor for Public Prosecutions (Defendant) File Number(s): 2013/61264 Publication restriction: Nil Decision under appeal Jurisdiction: 9109 Date of Decision: 2013-01-31 00:00:00 Before: Barkell LCM File Number(s): 2012/225612