Director of Public Prosecutions (NSW) v Robert Keith Tilley [2016] NSWSC 984

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (NSW) v Robert Keith Tilley [2016] NSWSC 984 Hearing dates: 12 July 2016 Date of orders: 20 July 2016 Decision date: 20 July 2016 Jurisdiction: Common Law Before: Bellew J Decision: 1) The appeal is allowed. 2) The order of Magistrate Holmes made on 14 August 2015 at the Tamworth Local Court, dismissing the charge brought against the defendant alleging an offence of failing to comply with his reporting obligations contrary to s. 17(1) of the Child Protection (Offenders Registration) Act 2000 (NSW), is set aside. 3) The matter is remitted to the Local Court to be dealt with according to law. 4) Absent agreement in relation to costs, the parties are to provide written submissions, not exceeding one page, by 5.00 pm on 27 July 2016. Catchwords: PRACTICE AND PROCEDURE – Duty to give reasons – Where defendant charged with an offence before the Local Court – Where matter proceeded to hearing – Where Magistrate found that he was not satisfied beyond reasonable doubt of the elements of the charge – Where charge was dismissed – No identification of the elements of the offence – No factual findings expressed - No identification of which element(s) had not been established beyond reasonable doubt – No exposition of path of reasoning which led to the conclusion that the charge should be dismissed – Reasons inadequate – Error of law established – Matter remitted to the Local Court

PRACTICE AND PROCEDURE – Where error of law established – Whether matter should be remitted to the Local Court – Where issues were properly determined by the Local Court and not by the Supreme Court on a limited statutory appeal – Matter remitted Legislation Cited: Crimes (Appeal and Review) Act 2001(NSW) Child Protection (Offenders Registration) Act 2000 (NSW) Cases Cited: Council for the City of Lake Macquarie v Morris [2005] NSWSC 387; (2005) 63 NSWLR 263 Director of Public Prosecutions v Acevedo [2009] NSWSC 653 Director of Public Prosecutions (NSW) v Elias [2013] NSWSC 28 Director of Public Prosecutions v Illawarra Cashmart Pty Limited [2006] NSWSC 343; (2006) 67 NSWLR 402 Director of Public Prosecutions v Sadler [2013] NSWSC 718 Director of Public Prosecutions (NSW) v Wililo [2012] NSWSC 713 Stoker v Adecco Gemvale Constructions Pty Limited and Anors [2004] NSWCA 449 Wong v R [2001] HCA 64; 207 CLR 584 Category: Principal judgment Parties: Director of Public Prosecutions (NSW) – Plaintiff Robert Keith Tilley – Defendant Representation: Counsel: Mr D T Kell and Ms B Baker – Plaintiff Mr J Curtis – Defendant