Hikala v Constable Elliott; Treloar v Constable Elliott [2016] NSWSC 81

Supreme Court New South Wales

Medium Neutral Citation: Hikala v Constable Elliott; Treloar v Constable Elliott [2016] NSWSC 81 Hearing dates: 16 February 2016 Decision date: 17 February 2016 Jurisdiction: Common Law Before: Button J Decision: (1) Pursuant to s 55(3)(a) of the Crimes (Appeal and Review Act) 2001, the orders of the Second Defendant refusing the applications of Mr Hikala and Ms Treloar to cross-examine a witness be set aside. (2) Pursuant to s 55(3)(a) of the Crimes (Appeal and Review Act) 2001, the orders of the Second Defendant refusing the applications of Mr Hikala and Ms Treloar to vacate his or her plea of guilty be set aside. (3) The matters of Mr Hikala and Ms Treloar are to be remitted to the Local Court, constituted other than by Brown LCM or Knight LCM, to be determined according to law. (4) Each party to pay their own costs. Catchwords: CIVIL LAW – Crimes (Appeal and Review) Act 2001 (NSW) – appeal against interlocutory decisions of Local Court – applications to withdraw pleas of guilty – cross-examination on affidavits of prosecution witnesses refused – consent orders made setting aside orders of Local Court Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), s 55(3)(a) Cases Cited: R v Boag (1994) 73 A Crim R 35 Wong v DPP [2005] NSWSC 129; (2005) 155 A Crim R 37 Category: Principal judgment Parties: Kayla Treloar (Plaintiff) Tony Hikala (Plaintiff) Constable Michael Elliott (First Defendant) Local Court of New South Wales (Second Defendant) Representation: Counsel: G Lewer (Plaintiff) B K Baker (First Defendant)