Director of Public Prosecutions (NSW) v Yau Ming Mathew Mok [2014] NSWSC 618

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (NSW) v Yau Ming Mathew Mok [2014] NSWSC 618 Hearing dates: 24 April 2014 Decision date: 21 May 2014 Before: Rothman J Decision: 1. Pursuant to the terms of s 59(2) of the Crimes (Appeal and Review Act) 2001, the order of his Honour, M Buscombe, Local Court Magistrate, made on 1 July 2013 at Central Local Court dismissing proceedings against the respondent, Yau Ming Mathew Mok, for the offence under s 310D Crimes Act 1900 (NSW) of being an inmate attempting to escape from lawful custody, be set aside; 2. The hearing of the aforesaid charge be remitted to the Local Court to be dealt with according to law; 3. No order as to costs; 4. The respondent Yau Ming Mathew Mok, be granted a certificate under s 6 of the Suitors' Funds Act 1951; 5. The parties have liberty within 7 days to apply for any special or different orders for costs. Such application will be made with attached submissions of no more than three (3) pages by email to the Associate to Rothman J. Any party affected by any application under this order may respond, by submission of no more than three (3) pages, in a further 2 days from the receipt of such application. Catchwords: STATUTORY CONSTRUCTION - conflict of laws - Appeal from dismissal of charges by magistrate - application of s 310D of the Crimes Act 1900 (NSW) to person fleeing custody of police in Melbourne after warrant issued by Melbourne Magistrates' Court for "extradition" to NSW - effect of s 89(4) of the Service and Execution Process Act 1992 (Cth) on meaning of term "inmate" in s 310D of the Crimes Act. Legislation Cited: Crimes Act 1900 (NSW) Crimes (Administration of Sentences) Act 1999 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Interpretation Act 1987 (NSW) Judiciary Act 1903 (Cth) Service and Execution of Process Act 1992 (Cth) Suitors' Funds Act 1951 (NSW) Cases Cited: Commissioner of Police v Eaton [2013] HCA 2; (2013) 87 ALJR 267 Momcilovic v R and Ors [2011] HCA 34; (2011) 245 CLR 1 Mullins v Surrey County Treasurer (1881) 7 AppCas 1 Peel v R (1971) 125 CLR 447 Project Blue Sky Inc & Ors v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 R v Brixton Prison; Ex parte Mehamed Ben Romdan [1912] 3 KB 190 R v Giannakopoulos and Marzilli [2013] SASCFC 50 R v Carngham (1978) 140 CLR 487 Rohde v Director of Public Prosecutions (1986) 161 CLR 119 Rose v Chief Commissioner of Police [2000] VSC 281 Texts Cited: Australian Concise Oxford Dictionary (4th edition, 2004) Category: Principal judgment Parties: Director for Public Prosecutions (NSW) (Plaintiff/Appellant) Yau Ming Mathew Mok (Defendant/Respondent) Representation: Counsel: I. Bourke (Plaintiff/Appellant) B. Wrench (Defendant/Respondent) Solicitors: Director of Public Prosecutions (Plaintiff/Appellant) Murphy's Lawyers Inc. (Defendant/Respondent) File Number(s): 2013/316592 Publication restriction: None Decision under appeal Date of Decision: 2013-07-01 00:00:00 Before: M. Buscombe, Magistrate File Number(s): 2013/62939