TR v Director of Public Prosecutions [2020] NSWSC 255

Supreme Court New South Wales

Medium Neutral Citation: TR v Director of Public Prosecutions [2020] NSWSC 255 Hearing dates: 3 March 2020 Date of orders: 20 March 2020 Decision date: 20 March 2020 Jurisdiction: Common Law Before: Davies J Decision: (1) Extend time for the plaintiff to appeal to 29 August 2019.

(2) Grant leave to the plaintiff to appeal pursuant to s 53(3)(b) of the Crimes (Appeal and Review) Act 2001 (NSW).

(3) Appeal dismissed.

(4) Summons dismissed. Catchwords: CRIMINAL PROCEDURE - Stay of proceedings - inherent power to prevent abuse of process - appeal from decision of Children's Court where stay refused - case involving assault of police officers by a minor - where officers on sick report at time of hearing - where adjournment refused - where prosecutor withdrew charges - withdrawn charges later relayed when officers available to give evidence - whether an abuse of process - whether withdrawal and relaying of charges was designed to circumvent refusal of adjournment - importance of fair trial for the plaintiff - where prosecutor's withdrawal of charges found to be bon fide by the Magistrate - where public confidence in administration of justice not eroded

APPEAL - from Children's Court - by leave - where necessary to show question of law involved - where prerogative relief also sought – whether Magistrate asked the right question - no error of law - summons dismissed Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) s 33 Crimes (Appeal and Review) Act 2001 (NSW) s 53 Criminal Procedure Act 1986 (NSW) s 208 Supreme Court Rules 1970 (NSW) Pt 51 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Barton v The Queen (1990) 147 CLR 75 Director of Public Prosecutions v "A" (A child) [2001] WASC 2 Director of Public Prosecutions v Shirvanian (1998) 44 NSWLR 129 Dupas v The Queen (2010) 241 CLR 237; [2010] HCA 20 Elias v Director of Public Prosecutions (NSW) [2012] NSWCA 302; (2012) 222 A Crim R 286 Fox v Attorney-General (NZ) [2002] 3 NZLR 62 Jago v District Court of NSW (1989) 168 CLR 23 L v Director of Public Prosecutions [2003] NSWSC 1246 Meagher v Stephenson (1993) 30 NSWLR 736 Moti v The Queen (2011) 245 CLR 456; [2011] HCA 50 R v Carroll (2002) 213 CLR 635; [2002] HCA 55 R v His Honour Judge C.F McLouglin and Cooney, ex parte, the Director of Public Prosecutions [1988] 1 Qd R R v YL [2004] ACTSC 115 Ridgeway v R (1995) 184 CLR 19 Rogers v The Queen (1994) 181 CLR 251 The Queen v Glennon (1992) 173 CLR 592 Sasterawan v Morris (2007) 69 NSWLR 547; [2007] NSWCCA 185 Tony Strickland (a pseudonym) v Commonwealth Director of Public Prosecutions [2018] HCA 53; (2018) 361 ALR 23 Truong v The Queen (2004) 223 CLR 122; [2004] HCA 10 Walton v Gardiner (1993) 177 CLR 378 Williams v Spautz (1992) 174 CLR 509 Texts Cited: Nil Category: Principal judgment Parties: TR (Plaintiff) Director of Public Prosecutions (First Defendant) Children's Court of NSW (Second Defendant) Representation: Counsel: S Lawrence (Plaintiff) F Veltro (First Defendant) Submitting appearance (Second Defendant)