Director of Public Prosecutions (NSW) v Harris [2015] NSWLC 22

Local Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (NSW) v Harris [2015] NSWLC 22 Hearing dates: 9 November 2015 Decision date: 24 November 2015 Jurisdiction: Criminal Before: Huntsman LCM Decision: The Local Court has jurisdiction to consider the application for costs Catchwords: CRIMINAL PROCEEDINGS - meaning of "committal proceedings" - meaning of "end of committal proceedings" COSTS - jurisdiction of Local Court for costs in committal proceedings Legislation Cited: Crimes Act 1900, s 66A Criminal Procedure Act 1986, ss 3, 116, 117 Justices Act 1902 (repealed), ss 41, 41A Cases Cited: Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28 Hanna v Horler [1999] NSWSC 1159 Hammond v Director of Public Prosecutions [2013] NSWSC 888 Category: Costs Parties: Timothy Pieremont Harris (accused/applicant) Director of Public Prosecutions (NSW) (prosecution/respondent) Representation: Solicitors: Mr G A Walsh OAM (for the accused/applicant) Mr M Love (for the prosecution/respondent) File Number(s): 2015/38038 Publication restriction: Prohibition on identification of complainants in prescribed sexual offence proceedings – s 578A Crimes Act 1900

Judgment 1. An application for costs was made by the accused, Mr Harris, (the applicant) at the close of committal proceedings. The application for costs is opposed by the Director of Public Prosecutions (DPP) (the respondent). The respondent raises a preliminary issue for determination, that the Local Court does not have jurisdiction to make the costs order sought. By agreement the hearing of the substantive application has been adjourned pending my determination on the jurisdictional issue. 2. I am advised by the respondent that the same jurisdictional issue is before the District Court, at a sitting in December 2015. However, there is no indication that a decision will be made on the issue as at that date; the proceedings may be adjourned or the decision of the District Court may be reserved. Given the length of time the proceedings have been before the Local Court I decided to determine this matter.