Director of Public Prosecutions v Lazzam [2016] NSWSC 145

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions v Lazzam [2016] NSWSC 145 Hearing dates: 25 February 2016 Date of orders: 25 February 2016 Decision date: 29 February 2016 Jurisdiction: Common Law Before: Adamson J Decision: 1. An order allowing the appeals.

2. An order pursuant to s 59(2) of the Crimes (Appeal and Review) Act 2001 (NSW) that the order of Stafford LCM made on 28 April 2015 at Glen Innes Local Court dismissing proceedings against:

(i) the first defendant for the offences of 2 x Intimidate police officer while in the execution of duty (s 60(1) Crimes Act 1900 (NSW)), 1 x Behave in an offensive manner in public (s 4(1) Summary Offences Act 1988 (NSW)), 1 x Assault police officer while in the execution of duty (s 58 Crimes Act), 1 x Hinder police officer while in the execution of duty (s 546C Crimes Act), and

(ii) the second defendant for the offence of 1 x Assault police officer while in the execution of duty (s 58 Crimes Ac), 1 x Resist police officer while in the execution of duty (S 58 Crimes Act) be set aside.

3. An order that the matters be remitted to the Glen Innes Local Court to be dealt with according to law.

4. An order that each party bear his own costs. Catchwords: CRIMINAL LAW – brief of evidence served outside time set by direction made by Local Court Magistrate – evidence not admitted and proceedings against two accused dismissed – Magistrate erred in not admitting evidence – non-compliance with direction did not constitute non-compliance under s 188(1) Criminal Procedure Act 1986 (NSW) – order dismissing proceedings set aside – matter remitted to Local Court to be dealt with according to law Legislation Cited: Crimes Act 1900 (NSW), s 58, 546C Crimes (Appeal and Review) Act 2001 (NSW), s 56(1)(a), 59(2), Criminal Procedure Act 1986 (NSW), ss 3, 4(2), 183, 187, 188 Justices Act 1902 (NSW), s 66F Local Court Act 2007 (NSW), ss 25, 27, 28 Local Court Practice Note, cll 2, 5.4, 5.6 Summary Offences Act 1988 (NSW), s 4(1) Cases Cited: Director of Public Prosecutions v West [2000] NSWCA 103; 48 NSWLR 647 Category: Principal judgment Parties: Director of Public Prosecutions (NSW) (Plaintiff) Warren Stephen Lazzam (First Defendant) Corey James Lazzam (Second Defendant) Representation: Counsel: B Baker (Plaintiff) S Schaudin (First Defendant)