Director of Public Prosecutions (NSW) v Lucas [2014] NSWSC 1441

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (NSW) v Lucas [2014] NSWSC 1441 Hearing dates: 17 October 2014 Decision date: 20 October 2014 Before: R A Hulme J Decision: 1. Appeal allowed. 2. Set aside the orders of his Honour Magistrate Miszalski made on 28 March 2014 at Liverpool Local Court dismissing proceedings against the defendant for the offences of intentionally damaging property and intimidation. 3. Remit the matter to the Local Court, differently constituted, to be dealt with according to law. Catchwords: CRIMINAL LAW - appeal by prosecutor against dismissal of charges - intentionally or recklessly damaging property - intimidation - magistrate erred in dismissing property damage charge - property was unable to be used for ordinary function for a period whilst imperfection was eliminated - magistrate did not prevent prosecutor from leading evidence of a pattern of violence - magistrate erred by failing to provide reasons for dismissal of intimidation charge Legislation Cited: Crimes Act 1900 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Evidence Act 1995 (NSW) Cases Cited: A (a Juvenile) v The Queen [1978] Crim LR 689 Director of Public Prosecutions v Sadler [2013] NSWSC 718 Director of Public Prosecutions (NSW) v Barbato [2013] NSWSC 1882 Hammond v R [2013] NSWCCA 93; 85 NSWLR 313 Samuels v Stubbs (1972) 4 SASR 200 Category: Principal judgment Parties: Director of Public Prosecutions (NSW) (Plaintiff) Craig Darren Lucas (Defendant) Representation: Counsel: Ms A Mitchelmore with Mr B Mostafa (Plaintiff) Mr G Meakin (Defendant) Solicitors: Solicitor for Public Prosecutions Greg Meakin File Number(s): 2014/203441 Decision under appeal Date of Decision: 2014-03-28 00:00:00 Before: Miszalski LCM File Number(s): 2013/352319