NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mok v Director of Public Prosecutions (NSW) [2015] NSWCA 98 Hearing dates: 10 April 2015 Decision date: 17 April 2015 Before: Meagher JA; Hoeben JA; Leeming JA Decision: 1. Extend the time within which to seek leave to appeal until 23 September 2014.
2. Grant leave to appeal.
3. Direct the appellant to file a notice of appeal in accordance with the draft notice of appeal within 7 days, and otherwise dispense with the requirements of the rules as to service.
4. Dismiss the appeal, with costs. Catchwords: CONSTITUTIONAL LAW - Commonwealth places - Service and Execution of Process Act 1992 (Cth), s 8(4) - effect of provision that federal law operates to exclusion of State law - State law incapable of applying of own force - State law made applicable by federal law - State court invested with federal jurisdiction to determine whether federal offence had been committed
CRIMINAL LAW - escape from lawful custody - bench warrant issued by District Court of NSW for arrest of man who pleaded guilty to fraud charges - man arrested in Victoria - Victorian magistrate ordered his return to Sydney - man attempted to escape at Tullamarine Airport while en route to Sydney - man charged with escaping from lawful custody under Crimes Act 1900 (NSW), s 310D - whether prima facie case - charge to be read as charge against federal offence created by application of Crimes Act 1900 (NSW) to the man while being returned to Sydney - matter remitted for magistrate to determine whether to amend Court Attendance Notice
FEDERAL JURISDICTION - Application of State criminal law to man escaping from lawful custody at Tullamarine Airport while being returned to New South Wales pursuant to order under Service and Execution of Process Act 1992 (Cth) - man charged under Crimes Act 1900 (NSW) - federal laws making Crimes Act 1900 (NSW) applicable - Service and Execution of Process Act 1992 (Cth) created federal offence - inapplicability of decisions on Judiciary Act 1903 (Cth), ss 68(2) and 79 as to way in which Service and Execution of Process Act 1992 (Cth) applied State law - State laws as to amendment of indictment made applicable to trial
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