DPP v Pinn [2015] NSWSC 1684

Supreme Court New South Wales

Medium Neutral Citation: DPP v Pinn [2015] NSWSC 1684 Hearing dates: 9 November 2015 Decision date: 12 November 2015 Jurisdiction: Common Law Before: Adamson J Decision: (1) Appeal allowed.

(2) Set aside the order of Magistrate Huber made on 8 May 2015 at the Waverley Local Court dismissing proceedings against the defendant for the offences of knowingly contravene prohibition or restriction in an apprehended violence order (eight counts).

(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.

(5) Decline the defendant's application for a certificate under s 6 of the Suitor's Fund Act 1951 (NSW). Catchwords: CRIMINAL LAW – appeal from Local Court against decision to dismiss charges against defendant for contravening interim apprehended violence order – appeal upheld - matter remitted to Local Court

EVIDENCE – admissibility – whether Magistrate erred in refusing to examine documents in order to rule on admissibility - whether Magistrate erred in refusing to admit documents on the basis of form

EVIDENCE – admissibility – business records - matters relevant to establishing provenance of documents – National Australia Bank v Rusu [1999] NSWSC 539; 47 NSWLR 309 considered

EVIDENCE – relevance – whether Magistrate erred in failing to draw inferences as to relevance as permitted by s 58 of the Evidence Act 1995 (NSW)

COSTS – whether certificate under Suitors' Fund Act 1951 (NSW) appropriate – conduct of legal representatives in court below relevant to exercise of discretion – application for certificate refused Legislation Cited: Crimes Act 1900 (NSW), ss 61, 195 Crimes (Appeal and Review) Act 2001 (NSW), s 56 Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 3, 14, 22, 76, 77 Evidence Act 1995 (NSW), ss, 58, 60, 69, 144, 150, 170, 171, 172, 178, 183 Suitors' Fund Act 1951 (NSW), s 6 Cases Cited: Australian Competition and Consumer Commission v Air New Zealand (No. 1) (2012) 207 FCR 448 Australian Securities and Investments Commission v Rich [2005] NSWSC 417 Mir Bros Developments Pty Ltd v Atlantic Constructions Pty Ltd (1985) 1 NSWLR 491 National Australia Bank v Rusu [1999] NSWSC 539; 47 NSWLR 309 Category: Principal judgment Parties: Director of Public Prosecutions (Plaintiff) Francis Charles Pinn (Defendant) Representation: Counsel: A Mitchelmore (Plaintiff) CA Webster SC (Defendant)