Roberts v Marks [2019] NSWSC 1469

Supreme Court New South Wales

Medium Neutral Citation: Roberts v Marks [2019] NSWSC 1469 Hearing dates: 28 October 2019 Decision date: 29 October 2019 Jurisdiction: Common Law Before: Ierace J Decision: (1) Pursuant to s 55(1)(b) of the Crimes (Appeal and Review) Act 2001 (NSW), the convictions of the plaintiff on 8 April 2019 at the Local Court at Gosford for offences under s 546C of the Crimes Act 1900 (NSW) and s 199(1) of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) are set aside and the proceedings the subject of this appeal are remitted to the Local Court at Gosford to be dealt with according to law by a magistrate other than Magistrate George.

(2) No order as to costs as between the plaintiff and the first defendant.

(3) The second defendant pay the plaintiff's costs in the amount of $11,000. Catchwords: ADMINISTRATIVE LAW – Judicial review – Failure to give reasons Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), s 55 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 99, 105 Cases Cited: Director of Public Prosecutions (NSW) v Merhi [2019] NSWSC 1068 Regina v XHR [2012] NSWCCA 247 Robinson v State of New South Wales [2018] NSWCA 231 Category: Principal judgment Parties: David Gordon Roberts (Plaintiff) Senior Constable Hayley Marks (First Defendant) Local Court of New South Wales (Second Defendant) Representation: Counsel: A Canceri (Plaintiff) J S Emmett (First Defendant) B Thomson (Second Defendant)