Director of Public Prosecutions (NSW) v Richardson [2015] NSWSC 1753

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (NSW) v Richardson [2015] NSWSC 1753 Hearing dates: 20 November 2015 Date of orders: 24 November 2015 Decision date: 24 November 2015 Jurisdiction: Common Law Before: Schmidt J Decision: (1) Appeal allowed. (2) Pursuant to section 59(2) of the Crimes (Appeal and Review) Act 2001 (NSW) that the order of his Honour Magistrate Hodgson made on 8 May 2015 at Port Macquarie Local Court dismissing proceedings against the Defendant for the offences of "Assault with act of indecency" pursuant to section 61L Crimes Act 1900 (NSW); and two counts of "Commit act of indecency" pursuant to section 61N(2) Crimes Act 1900 (NSW), be set aside. (3) Matter be remitted to the Local Court to be dealt with according to law. (4) An order that the Defendant pay the Plaintiff's costs of and incidental to this summons. (5) The Defendant to have a certificate under the Suitors' Fund Act 1951 (NSW) in relation to the said costs of appeal if otherwise qualified. Catchwords: APPEAL – appeal against Local Court decision – whether proceedings ought not to have been dismissed – inadequate reasons – wrongly disallowing evidence – failing to apply relevant tests under the Evidence Act 1995 (NSW) - failing to apply the s 82 of the Crimes (Forensic Procedures) Act 2000 (NSW) – certificate under the Suitors' Fund Act 1951 (NSW) – appeal allowed – decision set aside – matter remitted – costs – orders made Legislation Cited: Crimes Act 1900 (NSW) Crimes (Appeal and Review) Act 2001 Crimes (Forensic Procedures) Act 2000 (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Suitors' Fund Act 1951 (NSW) Cases Cited: Acuthan v Coates (1986) 6 NSWLR 472 Adamson v Ede [2009] NSWCA 379 Colosimo v Director of Public Prosecutions (NSW) [2005] NSWSC 854; (2005) 64 NSWLR 645 Director of Public Prosecutions (NSW) v Illawarra Cashmart Pty Limited [2006] NSWSC 343; (2006) 67 NSWLR 402 Director of Public Prosecutions (NSW) v Wililo [2012] NSWSC 713; (2012) 222 A Crim R 106 DPP v CAD [2003] NSWSC 196 DPP v Ridley [2015] NSWSC 1478 Gurnett v The Macquarie Stevedoring Co Pty Ltd (No 2) [1956] HCA 29; (1956) 95 CLR 106 Neighbourhood Association DP295386 v Forgeron (2005) NSWCA 150 Mifsud v Campbell (1991) 21 NSWLR 725 Mir Bros Developments Pty Ltd v Atlantic Constructions Pty Ltd (1985) 1 NSWLR 491 R v Gale; R v Duckworth [2012] NSWCCA 174; (2012) 217 A Crim R 487 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Stoker v Adecco Gemvale Constructions Pty Limited [2004] NSWCA 449 Category: Principal judgment Parties: Director of Public Prosecutions (NSW) (Plaintiff) Aaron Paul Richardson (Defendant) Representation: Counsel: Ms T Smith (Plaintiff)