Director of Public Prosecutions (NSW) v Hall, Jason [2015] NSWLC 12

Local Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (NSW) v Hall, Jason [2015] NSWLC 12 Decision date: 05 August 2015 Jurisdiction: Criminal Before: Crompton LCM Decision: The application for leave for the Director of Public Prosecutions (NSW) to elect to proceed on indictment out of time is granted. Catchwords: CRIMINAL LAW - remittal from Supreme Court - election out of time - correct statutory test to allow prosecution to proceed on indictment - WORDS AND PHRASES - "special circumstances" - Criminal Procedure Act 1986 (NSW), s 263 Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), s 9 Criminal Procedure Act 1986 (NSW), ss 93, 263 Cases Cited: Baines v Gould (1993) 67 A Crim R 297 Hall v Director of Public Prosecutions [2015] NSWSC 839 O'Hare v DPP [2000] NSWSC 430 TEZ v Longley [2004] NSWSC 74; 142 A Crim R 122 Category: Procedural and other rulings Parties: Director of Public Prosecutions (NSW) (Prosecution) J D Hall (Defendant) Representation: Director of Public Prosecutions (NSW) (Solicitor for the Prosecution) Blair Criminal Lawyers (Solicitor for the Defendant) File Number(s): 2014/227636 Publication restriction: Nil

​judgment 1. This is a decision following remittal of the matter from the Supreme Court. In Hall v Director of Public Prosecutions [2015] NSWSC 839, Campbell J made the following orders: 1. Grant leave to appeal; 2. Appeal allowed; 3. Set aside the order of her Honour Magistrate Robinson pronounced on 3 November 2014 granting leave for the prosecution to proceed as on indictment under s 263(2) of the Criminal Procedure Act 1986 (NSW) ("the Act"); 4. Remit the matter at the Local Court for determination according to law.