TR v Constable Cox & Ors [2020] NSWSC 389

Supreme Court New South Wales

Medium Neutral Citation: TR v Constable Cox & Ors [2020] NSWSC 389 Hearing dates: 1 April 2020 Date of orders: 09 April 2020 Decision date: 09 April 2020 Jurisdiction: Common Law Before: Wilson J Decision: 1. Leave to appeal the refusal for a change of venue is granted. 2. Summons dismissed 3. Subject to order 4, no order as to costs 4. Should any defendant seek an order for costs, written submissions in support are to be filed by email to my Chambers, and served, by 4pm on 17 April 2020. Any submission in reply is to be filed by email to my Chambers, and served, by 4pm on 29 April 2020. Any application will be dealt with on the papers. Catchwords: STATUTORY APPEAL – appeal from a decision of the Local Court under s 53(3)(b) Crimes (Appeal and Review) Act – refusal of a magistrate to grant applications – applications for a female magistrate to hear summary criminal proceedings – application to exclude men, including male witnesses, from access to evidence – application for a change of venue – question of interlocutory orders – jurisdiction of the Court – question of whether Magistrate failed to consider cultural beliefs of plaintiff – question of rejection of evidence – denial of procedural fairness

JUDICIAL REVIEW – s 69 Supreme Court Act - error of law on the face of the record – question of error of law Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) Court Suppression and Non-Publication Orders Act 2010 (NSW) Crimes Act 1900 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Criminal Appeal Act 1912 (NSW) Evidence Act 1995 (NSW) Local Court Act 2007 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Anson v Director of Public Prosecutions (2002) 129 A Crim R 328 Da Silva v R [2016] NSWCCA 40 Jango v Northern Territory of Australia [2003] FCA 1230 Legal Practitioners Complaints Committee v A Practitioner (1987) 46 SASR 126 Northern Territory of Australia v Griffiths (No 2) (2019) 93 ALJR 803; 368 ALR 77; [2019] HCA 19. Port of Melbourne Authority v Anshun Pty Ltd (No 1) (1980) 147 CLR 35 Re Lake Torrens Overlap Proceedings (No 2) [2015] FCA 1195. Russell v Scott & Anor [2017] NSWSC 1720 R v McNaughton [2006] NSWCCA 242; 66 NSWLR 566 Salter v Director of Public Prosecutions (NSW) (2009) 75 NSWLR 392 Ward v Zimmer [2015] NSWSC 525 Western Australia v Ward (1997) 76 FCR 492; 145 ALR 512; [1997] FCA 585 Category: Principal judgment Parties: TR (Plaintiff) Constable Michael Cox (First Defendant - Submitting Appearance) Children's Court of New South Wales (Second Defendant – Submitting Appearance) Attorney General for New South Wales (Third Defendant) Representation: Counsel: Ms C Ronalds SC with Ms R Khalilizadeh (Plaintiff) Dr D Kell with Ms J Caldwell (Third Defendant)