Stylianou v Director of Public Prosecutions [2017] NSWSC 766

Supreme Court New South Wales

Medium Neutral Citation: Stylianou v Director of Public Prosecutions [2017] NSWSC 766 Hearing dates: 27 February 2017 Decision date: 14 June 2017 Jurisdiction: Common Law Before: McCallum J Decision: Application dismissed Catchwords: CRIMINAL PROCEDURE – committal proceedings – application for review of Magistrate's decision refusing to direct witnesses to attend to give oral evidence –where plaintiff sought to explore admissibility of covert recordings – whether Magistrate misconceived the extent of his authority to allow that course – where plaintiff sought to explore mental health and behaviour of complainant – whether Magistrate constructively failed to exercise jurisdiction Legislation Cited: Crimes Act 1900 (NSW), s 66A Criminal Procedure Act 1986 (NSW), Ch 3 Pt 2, ss 64, 65, 66, 70, 91, 93 Evidence Act 1995 (NSW), s 90 Cases Cited: Kant v Director of Public Prosecutions (1994) 34 NSWLR 216 Losurdo v Director of Public Prosecutions (1998) 101 A Crim R 162; [1998] NSWSC 16 R v DRF [2015] NSWCCA 181 R v Kennedy (1997) 94 A Crim R 341 Sim v Magistrate Corbett [2006] NSWSC 665 Thompson v Director of Public Prosecutions [2014] NSWSC 522 Category: Principal judgment Parties: Constantinos Stylianou (plaintiff) Director of Public Prosecutions (first defendant) Local Court of New South Wales (second defendant) Representation: Counsel: H Dhanji SC, M Burke (plaintiff) M Smith (defendant)