DPP v Ridley [2015] NSWSC 1478

Supreme Court New South Wales

Medium Neutral Citation: DPP v Ridley [2015] NSWSC 1478 Hearing dates: 7 October 2015 Decision date: 09 October 2015 Jurisdiction: Common Law Before: Adamson J Decision: (1) Allow the appeal.

(2) Set aside the order of Magistrate Dare made on 30 January 2015 at the West Wyalong Local Court dismissing the charge against the defendant for the offence of drive vehicle under the influence of alcohol (first offence) contrary to s 112(1)(a) Road Transport Act 2013 (NSW).

(3) Remit the matter to the Local Court to be dealt with according to law.

(4) Order the defendant to pay the plaintiff's costs of the proceedings in this Court.

(5) Grant an indemnity certificate to the defendant in respect of the appeal to this Court pursuant to s 6(1)(a) of the Suitors' Fund Act 1951 (NSW). Catchwords: CRIMINAL LAW – appeal from Local Court to Supreme Court pursuant to Crimes (Appeal and Review) Act 2001 (NSW), s 56 – defendant charged with offence of driving vehicle under the influence of alcohol – Local Court Magistrate failed to conduct proceedings in accordance with s 202 of the Criminal Procedure Act 1986 (NSW) – Magistrate dismissed the charge at the conclusion of the voir dire without determining whether a no case submission was made or conducting a hearing

COURTS AND JUDGES – natural justice – procedural fairness – Magistrate excluded evidence without identifying the evidence or the basis for exclusion –Magistrate failed to provide adequate reasons for excluding evidence or for dismissing proceedings –Magistrate erred in excluding all evidence including that to which no objection was taken – appeal allowed – matter remitted to Local Court