Paul Henry Johnson v Judge Phelan and Director of Public Prosecutions [2001] NSWCA 294

Paul Henry Johnson v Judge Phelan and Director of Public Prosecutions [2001] NSWCA 294

The informations alleging breach of the Community Service Order were laid and warrants issued in September and October 1996 while the Community Service Order was still in force. Those steps, not the later arrest in August 1997, constituted the 'proceedings for an offence' under s 23 of the Community Service Orders Act 1979. The claimant's construction was plainly wrong, so there was no basis to direct Judge Phelan to state a case and the summons was dismissed.

Jurisdiction
Australia
Judgment Date
06 September 2001
Procedural Posture
Summons Seeking an Order Directing a District Court Judge to State a Case to the Court of Criminal Appeal / Court of Appeal Hearing of Summons
Outcome
Summons dismissed.
Legal Topics
['community Service Order Breach' 'warrant for Arrest' 'commencement of Criminal Proceedings' "meaning of 'proceedings' in S 23 of the Community Service Orders Act 1979" 'stated Case' 'functus Officio']
['criminal Law' 'criminal Procedure'] ['community Service Order Breach' 'warrant for Arrest' 'commencement of Criminal Proceedings' "meaning of 'proceedings' in S 23 of the Community Service Orders Act 1979" 'stated Case' 'functus Officio']

Case Brief

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Procedural Posture

Summons Seeking an Order Directing a District Court Judge to State a Case to the Court of Criminal Appeal / Court of Appeal Hearing of Summons

Legal Issues

  1. 1 ["Whether the execution of warrants for the claimant's arrest was unlawful because the Community Service Order had expired more than one month before the arrest." "Whether 'proceedings for an offence' in s 23 of the Community Service Orders Act 1979 referred to the claimant's actual arrest or to the laying of the information and issue of the warrant." 'Whether Judge Phelan should be directed to state a case to the Court of Criminal Appeal.']

Ratio Decidendi

The informations alleging breach of the Community Service Order were laid and warrants issued in September and October 1996 while the Community Service Order was still in force. Those steps, not the later arrest in August 1997, constituted the 'proceedings for an offence' under s 23 of the Community Service Orders Act 1979. The claimant's construction was plainly wrong, so there was no basis to direct Judge Phelan to state a case and the summons was dismissed.

Court Disposition

Summons dismissed.

Orders

  • ['Summons dismissed.']