Monte v Director of Public Prosecutions (NSW) [2015] NSWSC 318

Supreme Court New South Wales

Medium Neutral Citation: Monte v Director of Public Prosecutions (NSW) [2015] NSWSC 318 Hearing dates: 10 March 2015 Date of orders: 31 March 2015 Decision date: 31 March 2015 Jurisdiction: Common Law Before: Bellew J Decision: The summons is dismissed. Catchwords: CRIMINAL LAW – Appeal and Review – Evidence - Where plaintiff charged with stealing from the person following altercation with an off duty police officer – Where off duty police officer then purported to arrest the plaintiff – Proceedings before the Local Court where plaintiff argued that evidence should be excluded pursuant to s. 138 of the Evidence Act 1995 – Where Magistrate admitted the evidence – Whether Magistrate erred in doing so – Whether Magistrate erred in not ordering a permanent stay of proceedings on the grounds of an abuse of process Legislation Cited: Crimes Act 1900 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Crimes (Sentencing Procedure) Act 1999 Customs Act 1901 (Cth) Evidence Act 1995 (NSW) Law Enforcement Powers and Responsibilities Act 2002 (NSW) Cases Cited: Acuthan v Coates (1986) 6 NSWLR 472 Batistatos v Roads and Traffic Authority of NSW [2006] HCA 27; (2006) 226 CLR 256 Coulton v Holcombe [1986] HCA 33;(1986) 162 CLR 1 Director of Public Prosecutions v Coe [2003] NSWSC 363 Director of Public Prosecutions (NSW) v AM [2006] NSWSC 348; (2006) 161 A Crim R 219 DPP v Shirvanan (1988) 44 NSWLR 129 Gommesen v R [2012] NSWCCA 226; (2012) 62 MVR 196 Category: Principal judgment Parties: Liam Monte – Plaintiff Representation: Counsel: Mr S Boland - Plaintiff Ms J E Davidson - Defendant