Director of Public Prosecutions v Jay Williams [2018] NSWSC 1832

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions v Jay Williams [2018] NSWSC 1832 Hearing dates: 28 November 2018 Date of orders: 28 November 2018 Decision date: 28 November 2018 Jurisdiction: Common Law Before: Wilson J Decision: (1) The appeal brought by the Director of Public Prosecutions is allowed. (2) Order that, pursuant to section 59 (2) of the Crimes (Appeal and Review) Act 2001, the order of Magistrate Mulroney made on 26 March 2018 at Central Local Court dismissing proceedings against the defendant for the offence of enter dwelling house with intent to commit a serious indictable offence in company, pursuant to section 111 (2) of the Crimes Act 1900 is set aside. (3) The matter is remitted to Central Local Court to be dealt with according to law. (4) Order the matter be listed before that court at 9.30am on 12 December 2018 for mention. (5) Section 77 order to issue for the defendant's attendance at Central Local Court on that date. Catchwords: APPEAL – CRIME – aggravated enter dwelling with intent - proceedings heard summarily in the Local Court – magistrate finds element of offence not proved – whether the definition of "dwelling house" in s 4 Crimes Act 1900 includes garage of apartment – meaning of curtilage – importance of applying law to fact Legislation Cited: Crimes Act 1900 (NSW) Crimes (Appeal and Review Act) 2001 (NSW) Cases Cited: Aguirre v R [2010] NSWCCA 115 Director of Public Prosecutions v Skewes [2002] NSWSC 1008 Haberhauer v Simek (1991) 9 Petty Sessions Review 4235 Hollyhomes v Hind [1944] KB 571 Nassr v R [2015] NSWCCA 284 Pilbrow v St Leonard Shoreditch Vestry [1895] 1 QB 433 R v Bennett (2014) 245 A Crim R 1; [2014] NSWCCA 197 R v Clampett (1984) 11 A Crim R 103 R v Lulham (2016) 263 A Crim R 287; [2016] NSWCCA 287 R v Rice (2004) 150 A Crim R 37 R v Tahau [1975] 1 NSWLR 479 Category: Principal judgment Parties: Director of Public Prosecutions (Plaintiff/Appellant) Jay Williams (Defendant/Respondent) Representation: Counsel: Mr D. Kell SC, Crown Advocate with Ms E. Jones (Appellant)