Hammond v Director of Public Prosecutions (NSW) [2016] NSWSC 701

Supreme Court New South Wales

Medium Neutral Citation: Hammond v Director of Public Prosecutions (NSW) [2016] NSWSC 701 Hearing dates: 31 May 2016 Date of orders: 31 May 2016 Decision date: 01 June 2016 Jurisdiction: Common Law Before: Wilson J Decision: (1) Pursuant to s 54(1) of the Crimes (Appeal and Review) Act 2011 (NSW), leave granted to the plaintiffs to appeal.

(2) The appeal is upheld.

(3) The order of the second defendant refusing the plaintiffs' applications for separate hearings pursuant to s 21(2) of the Criminal Procedure Act 1986 (NSW) is set aside. Catchwords: APPELLATE REVIEW – Criminal Law – Application for Leave to Appeal against interlocutory orders of the Local Court – interlocutory order made refusing application for separate trials – order infected by error as to evidence – error of law – error conceded by first defendant - no point of principle Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Supreme Court Act 1970 (NSW) Category: Principal judgment Parties: Paul Hammond (First Plaintiff) Saomaauga Faitua (Second Plaintiff) Andrew Chasle (Third Plaintiff) Director of Public Prosecutions (NSW) (First Defendant) The Local Court of New South Wales (Second Defendant) Representation: Counsel: Mr H Dhanji SC with Mr S Russell (Plaintiffs) Mr D Kell with Ms S Baker (First Defendant)