Romero v Director of Public Prosecutions [2017] NSWSC 1190

Supreme Court New South Wales

Medium Neutral Citation: Romero v Director of Public Prosecutions [2017] NSWSC 1190 Hearing dates: 17 July 2017 Decision date: 17 July 2017 Jurisdiction: Common Law Before: McCallum J Decision: Plaintiff's conviction for common assault set aside; apprehended domestic violence order set aside; matters remitted to the Local Court to be heard and determined according to law; defendant to pay half the plaintiff's costs Catchwords: CRIME – appeal from Local Court against conviction for common assault – whether magistrate erred in assuming jurisdiction to hear criminal proceedings concurrently with civil application for an apprehended domestic violence order – where defendant concedes error of law

COSTS – Supreme Court Act 1970 (NSW), s 69 –where plaintiff denied a hearing according to law – where defendant promptly concedes jurisdictional error Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 55, 70 Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes Act 1900 (NSW), s 61 Criminal Procedure Act 1986 (NSW), s 289H Supreme Court Act 1970 (NSW), s 69 Cases Cited: Dawson v Director of Public Prosecutions [1999] NSWSC 1147 Hansell v Director of Public Prosecutions (NSW) [2016] NSWCA 311 Hashin v The Office of the Director of Public Prosecutions [2016] NSWSC 93 Category: Procedural and other rulings Parties: Leonel Romero (plaintiff) Director of Public Prosecutions (defendant) Representation: Counsel: W Lowe (plaintiff) D Kell SC, M Pulsford (defendant)