El-Ali v Commonwealth Director of Public Prosecutions and the Local Court of NSW [2015] NSWSC 671

Supreme Court New South Wales

Medium Neutral Citation: El-Ali v Commonwealth Director of Public Prosecutions and the Local Court of NSW [2015] NSWSC 671 Hearing dates: 13 March 2015 Date of orders: 05 June 2015 Decision date: 05 June 2015 Jurisdiction: Common Law Before: Bellew J Decision: Leave to appeal is refused. The summons is dismissed. Catchwords: PRACTICE AND PROCEDURE – Plaintiff charged with Commonwealth and State offences – All offences prosecuted at committal by the Commonwealth Director of Public Prosecutions – Where plaintiff challenged the right of the Commonwealth Director of Public Prosecutions to prosecute state offences – Where challenge rejected by Magistrate – Appeal brought against that decision before the Magistrate had been asked to consider whether the plaintiff should be committed for trial – Whether relief available pursuant to s. 53(3)(a) of the Crimes (Appeal and Review) Act 2001 – Whether Magistrate's conclusions were an "order" for the purposes of that section – Whether relief available under s. 69 of the Supreme Court Act 1970 – Relief not available on either basis – Summons dismissed

WORDS AND PHRASES – "order" Legislation Cited: Crimes Act 1900 NSW Crimes (Appeal and Review) Act 2001 Criminal Code 1995 (Cth) Criminal Procedure Act 1986 (NSW) Customs Act 1901 (Cth) Director of Public Prosecutions Act 1983 (NSW) Firearms Act 1996 (NSW) Supreme Court Act 1970 (NSW) Telecommunications (Interception and Access) Act 1979 (Cth) Cases Cited: Anson v The Director of Public Prosecutions (NSW) [2002] NSWSC 408; (2002) 129 A Crim R 328 Cheikho v R [2008] NSWCCA 191; (2009) 75 NSWLR 323 Director of Public Prosecutions v Schebel [2004] NSWCA 187; (2004) 145 A Crim R 576 Legal Practitioners Complaint Committee v A Practitioner (1987) 46 SASR 126 Nanevski v Haskett [2006] NSWSC 1114 at [25] R v Bozatsis; R v Spanakakis (1997) 97 A Crim R 296 R v Colby and anor. (1995) 84 A Crim R 125 R v Lethlean (1995) 83 A Crim R 197 Category: Principal judgment Parties: Khoder El-Ali – Plaintiff Commonwealth Director of Public Prosecutions – First Defendant The Local Court of NSW – Second Defendant Representation: Counsel: Mr P Lange - Plaintiff Mr P Neil SC – First Defendant Submitting appearance – Second Defendant