Director of Public Prosecutions (Cth) on behalf of the Director of Public Prosecutions (NSW) v El Ali, Khoder (No 1) [2014] NSWLC 28

Local Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (Cth) on behalf of the Director of Public Prosecutions (NSW) v El Ali, Khoder (No 1) [2014] NSWLC 28 Decision date: 16 December 2014 Jurisdiction: Criminal Before: Favretto LCM Decision: 1. That the NSW Director of Public Prosecutions did not fail to appear at the committal hearing. 2. That the Cth Director of Public Prosecutions did have the lawful authority to carry on the committal proceedings for the State firearm offences and, in doing so, to appear for the NSW Director of Public Prosecutions. Catchwords: CRIMINAL LAW - Discharge of accused for prosecutor's failure to appear - Whether the Commonwealth Director of Public Prosecutions had the power to carry on proceedings on behalf of the NSW Director of Public Prosecutions

WORDS AND PHRASES - "carry on" - Director of Public Prosecutions Act 1983 (Cth), ss 6(1)(m) and 17 Legislation Cited: Crimes Act 1900 (NSW), s 93T(1) Criminal Code (Cth), s 11.5(1) Criminal Procedure Act 1986 (NSW), ss 61(1), 91, Customs Act 1901 (Cth), s 233BAB(5) Director of Public Prosecutions Regulations 1984 (Cth), cl 3(1)(a) Director of Public Prosecutions Act 1983 (Cth), ss 6(1), 6(2)(b), 6(5), 9(5)(a), 14(1)(a)(i), 15 and 17 Director of Public Prosecutions Act 1986 (NSW), ss 9(1)(a), 10(1), 10(4), 33 Firearms Act 1996 (NSW), ss 51B(1), 51D(2), 70 Judiciary Act 1903 (Cth), s 78B Cases Cited: Australian Communist Party v The Commonwealth [1951] HCA 5; 83 CLR 1 Australian Securities Commission v Marlborough Gold Mines Ltd [1993] HCA 15; 177 CLR 485 Bond v R [2000] HCA 13; 201 CLR 213 Byrnes v R [1999] HCA 38; 199 CLR 1 Dexter v R [2004] HCA Trans Director of Public Prosecutions (NSW) v Elskaf [2012] NSWSC 21 Gillis v Director of Public Prosecutions (Cth) (1993) 43 FCR 458 Grofam Pty Ltd and Others v Australia and New Zealand Banking Group Ltd and Others (1993) 117 ALR 669 Houssein v Dept of Industrial Relations and Technology [1982] HCA 2; 148 CLR 88 Lacey v Attorney General of Queensland [2011] HCA 10; 242 CLR 573 Price v Ferris (1994) 34 NSWLR 704 R v Dexter [2002] QCA 540; 136 A Crim R 276 R v Fukusato [2002] QCA 20; [2003] 1 Qd R 272 R v Janceski [2005] NSWCCA 281; 223 ALR 580 R v XY [2013] NSWCCA 121; 84 NSWLR 363 R v Serratore [1999] NSWCCA 377; 48 NSWLR 101 Wells v Commonwealth [2014] NSWSC 148 Texts Cited: Emeritus Professor Dennis C Pearce AO, FAAL and Adjunct Professor Robert Geddes, Statutory Interpretation in Australia, (8th ed 2014) Category: Procedural and other rulings Parties: Director of Public Prosecutions (Cth) (Prosecution) K El Ali (Defendant) Representation: S Flood (Counsel for the Prosecution) Director of Public Prosecutions (Cth) (Solicitor for the Prosecution) P Lange (Counsel for the Defendant) Hanna Legal (Solicitor for the Defendant) File Number(s): 2012/81506 Publication restriction: Nil