Crowe v DPP (NSW) [2015] NSWSC 747

Supreme Court New South Wales

Medium Neutral Citation: Crowe v DPP (NSW) [2015] NSWSC 747 Hearing dates: 9 June 2015 Decision date: 16 June 2015 Before: Hoeben CJ at CL Decision: Summons dismissed with costs. Catchwords: CRIMINAL LAW AND PROCEDURE – Plaintiff committed for trial on murder charge – claim magistrate failed to properly exercise discretions under s 91 Criminal Procedure Act 1986 – Plaintiff sought judicial review by Supreme Court – danger of fragmentation of criminal process – as DPP had found a bill of indictment quashing the committal would be futile – analogous relief available from pre-trial processes – no case made for intervention by Supreme Court. Legislation Cited: Crimes Act 1900 – s 61J(2)(d) Criminal Procedure Act 1986 – s 91 Supreme Court Act 1970 – s 69 Cases Cited: Bagshaw v Carter & Ors [2006] NSWCA 113 Director of Public Prosecutions v Losurdo & Anor (1998) 44 NSWLR 618 Director of Public Prosecutions v PM [2006] NSWCCA 297; 67 NSWLR 46 Grassby v R [1989] HCA 45; 168 CLR 1 Hanna v Kearney (Studdert J, 28 May 1998, unreported) Joseph Anthony Basha (1989) 39 A Crim R 337 Sergi v Director of Public Prosecutions (Court of Appeal, unreported, 10 September 1991) V v McDonald & Ors [1995] NSWCA 487 Category: Principal judgment Parties: Amanda Crowe – Plaintiff Director of Public Prosecutions (NSW) – First Defendant The Local Court of NSW – Second Defendant Representation: Counsel: Mr W Terracini SC – Plaintiff Mr K McKay – First Defendant Submitting Appearance – Second Defendant