Director of Public Prosecutions (NSW) v Gatu [2014] NSWSC 192

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (NSW) v Gatu [2014] NSWSC 192 Hearing dates: 6 March 2014 Decision date: 07 March 2014 Jurisdiction: Common Law Before: Button J Decision: (1)Appeal allowed. (2)Pursuant to section 59(2) of the Crimes (Appeal and Review) Act 2001 the order of Magistrate Coombs made on 8 July 2013 at Fairfield Local Court dismissing proceedings against the First Defendant for the alleged offence of 'Drive while licence cancelled' (section 25A(3)(a) Road Transport (Driver Licensing) Act 1998) is set aside. (3)The matter is remitted to Fairfield Local Court to be dealt with according to law by a magistrate other than his Honour Magistrate Coombs. Catchwords: APPEAL - appeal from decision of Local Court Magistrate pursuant to s 56(1)(c) of the Crimes (Appeal and Review) Act 2001 (NSW) -criminal-matter determined in chambers before adjourned date for hearing without notice to prosecutor-contravention of fundamental principles Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), s 56(1)(c) Criminal Procedure Act 1986 (NSW), ss 38, 39, 191, 194,195, 201 Road Transport (Driver Licensing) Act 1998 (NSW), s 25A(3)(a) Cases Cited: Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Director of Public Prosecutions (NSW) v Wililo [2012] NSWSC 713, 222 A Crim R 106 Hogan v Hinch [2011] HCA 4 Housing Commissioner of NSW v Tatmar Pastoral Co Pty Ltd (1983) 3 NSWLR 378 International Finance Trust Company Ltd v NSW Crime Commission [2009] HCA 49; 240 CLR 319 Pollard v RRR Corporation Pty Ltd [2009] NSWSC 110 Russell v Russell [1976] HCA 23; 134 CLR 495 Scott v Scott [1913] AC 417 Soulemeizis v Dudley (Holdings) Pty Limited (1987) 10 NSWLR 247 Category: Principal judgment Parties: Director of Public Prosecutions (NSW) (Plaintiff) Tisimasi Panapa Gatu (First Defendant) The Local Court of New South Wales (Second Defendant) Representation: Counsel: J Pickering SC (Plaintiff) Solicitors: S Kavanagh - Solicitor for Public Prosecutions (Plaintiff) M Abboud (First Defendant) File Number(s): 2013/302372