R v Ansari, Ansari & Ansari [2006] NSWDC 141

R v Ansari, Ansari & Ansari [2006] NSWDC 141

Parliament deliberately granted the DPP broad powers to bring ex officio indictments for Commonwealth offences in State courts, including the District Court, and those powers are not limited to those held by the Attorney-General under s 71A of the Judiciary Act; thus, the current indictment is valid and the trial will proceed.

Jurisdiction
Australia
Judgment Date
10 April 2006
Procedural Posture
Criminal / Trial; Ruling on Objection to Jurisdiction/process
Outcome
Objection to jurisdiction/process dismissed; trial to proceed.
Legal Topics
['commonwealth Ex Officio Indictments' 'director of Public Prosecutions Powers' "attorney General's Role in Prosecutions" 'jurisdiction of State Courts for Commonwealth Offences']
['criminal Law' 'constitutional Law'] ['commonwealth Ex Officio Indictments' 'director of Public Prosecutions Powers' "attorney General's Role in Prosecutions" 'jurisdiction of State Courts for Commonwealth Offences']

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Procedural Posture

Criminal / Trial; Ruling on Objection to Jurisdiction/process

Legal Issues

  1. 1 ['Whether the Commonwealth DPP has authority to prosecute by ex officio indictment in the District Court of NSW for Commonwealth offences' 'Whether the powers of the DPP exceed those of the Attorney-General under s 71A Judiciary Act and DPP Act']

Ratio Decidendi

Parliament deliberately granted the DPP broad powers to bring ex officio indictments for Commonwealth offences in State courts, including the District Court, and those powers are not limited to those held by the Attorney-General under s 71A of the Judiciary Act; thus, the current indictment is valid and the trial will proceed.

Court Disposition

Objection to jurisdiction/process dismissed; trial to proceed.

Orders

  • ['Trial to proceed.']