Commissioner of Police, New South Wales Police Force v Hariz [2019] NSWSC 988

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of Police, New South Wales Police Force v Hariz [2019] NSWSC 988 Hearing dates: On the papers Date of orders: 05 August 2019 Decision date: 05 August 2019 Jurisdiction: Common Law Before: R A Hulme J Decision: 1. Judgment and orders of Magistrate Funston on 23 and 24 May 2019 set aside. 2. Remit the matter to the Local Court of NSW for hearing in accordance with law by a magistrate other than the second defendant. 3. The first defendant is to pay the plaintiff's costs of the appeal. 4. The first defendant is granted a certificate under the Suitors' Fund Act 1951 (NSW). Catchwords: APPEAL – appeal from the Local Court to the Supreme Court – error of law – magistrate did not allow prosecutor proper opportunity to be heard – error conceded by defendant – appeal allowed – consent orders made Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), Pt 5 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 219 Local Court Act 2007 (NSW), s 70(1)(c) Suitors' Fund Act 1951 (NSW) Supreme Court Act 1970 (NSW), s 69 Category: Principal judgment Parties: Commissioner of Police, New South Wales Police Force (Plaintiff) Raed Hariz (First defendant) Local Court Magistrate Richard Funston (Second defendant) Representation: Counsel:

Solicitors: Makinson d'Apice Lawyers (Plaintiff) Raed Hariz (Self-represented) File Number(s): 2019/169320 Decision under appeal Court or tribunal: Local Court Date of Decision: 23 and 24 May 2019 Before: Funston LCM File Number(s): 2019/140971