R v Chambour; R v Khallouf (No 3) [2016] NSWDC 262

District Court New South Wales

Medium Neutral Citation: R v Chambour; R v Khallouf (No 3) [2016] NSWDC 262 Hearing dates: 29 September 2016 Date of orders: 29 September 2016 Decision date: 29 September 2016 Jurisdiction: Criminal Before: Neilson DCJ Decision: Application pursuant to s 67 of the Evidence Act 1995 refused

Warrant issued pursuant to s 194(1)(b) of the Evidence Act 1995 for the arrest of Christopher James Pattison requiring his attendance to give evidence Catchwords: CRIMINAL LAW – Practice and procedure – Subpoena to give evidence – Form of – Whether Supreme Court Rules Pt 75 apply to proceedings in the District Court – Whether Supreme Court Prescribed Form 74AC must be used in the District Court – Whether District Court Act 1973 section 171D mandates use in the District Court of Supreme Court Form 74AC

CRIMINAL LAW – Practice and procedure – Mode of service of subpoena – Whether delivery of a subpoena to the postal box of witness adequate under District Court Rules Pt 53 r 19

EVIDENCE – Evidence Act 1995, s 67 – Whether witness unavailable – Whether Crown can prove unavailability where no attempt made to enforce a subpoena which had been served

ALTERNATIVE RELIEF – When finding not made that witness unavailable, application for issue of warrant under Evidence Act 1995 s 194(1)(b) Legislation Cited: Civil Procedure Act 2005 Criminal Procedure Act 1986 District Court Act 1973 Evidence Act 1995 Justices Act 1902 Supreme Court Act 1970 Supreme Court Rules 1970 Uniform Civil Procedure Rules 2005 Category: Procedural and other rulings Parties: Director of Public Prosecutions (NSW) (Crown) George Chambour (Accused) Youssef Khallouf (Accused) Representation: Counsel: Ms R Rodger (Crown) Mr B Vasic (Accused Chambour) Ms A Francis (Accused Khallouf)