The Director of Public Prosecutions (NSW) v Richard Christopher Mikhael & Ors [2015] NSWSC 819

Supreme Court New South Wales

Medium Neutral Citation: The Director of Public Prosecutions (NSW) v Richard Christopher Mikhael & Ors [2015] NSWSC 819 Hearing dates: 14 May 2015 Date of orders: 14 May 2015 Decision date: 29 June 2015 Jurisdiction: Common Law Before: Rothman J Decision: 1. Appeal allowed;

2. The orders of LCM Viney made on 18 August 2014 at North Sydney Local Court dismissing proceedings against the first defendant are set aside;

3. The proceedings are remitted to the Local Court to be heard before a different Magistrate. Catchwords: APPEAL – appeal pursuant to s 56 of Crimes (Appeal and Review) Act – Magistrate dismissed case following Prasad direction – denial of procedural fairness by not allowing prosecutor to make submissions opposing Prasad direction – appeal allowed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Cases Cited: Antoun v The Queen [2006] HCA 2; (2006) 159 A Crim R 513 Dean v R (1995) 65 SASR 234 Director of Public Prosecutions (Cth) v Alexandra Acevedo [2009] NSWSC 653 Director of Public Prosecutions (NSW) v Ali Elskaf [2012] NSWSC 21 Director of Public Prosecutions (NSW) v Elias [2013] NSWSC 28 R v Doney [1990] HCA 51; (1990) 171 CLR 207 R v Pahuja (1987) 49 SASR 191; (1987) 30 Crim R 118 R v Prasad (1979) 23 SASR 16; (1979) 2 A Crim R 45 R v Reardon [2002] NSWCCA 203; (2002) 186 FLR 1 Category: Principal judgment Parties: Director of Public Prosecutions (Plaintiff) Richard Christopher Mikhael (First Defendant) The Local Court of New South Wales (Second Defendant) Representation: Counsel: D. Kell (Plaintiff)