Wallace & Anor v Director General - NSW Department of Primary Industries & Anor [2007] NSWSC 654
A CAN that designates the prosecutor by official title (Director-General, NSW Department of Primary Industries) satisfies the requirement of s 175(3)(c), and, even if non-compliant, such a deficiency does not render the proceedings or resulting convictions void for want of jurisdiction.
- Jurisdiction
- Australia
- Judgment Date
- 27 June 2007
- Procedural Posture
- Judicial Review / Supreme Court of Nsw, Post Conviction Review
- Outcome
- Application dismissed
- Legal Topics
- ['judicial Review' 'jurisdiction of Local Court' 'court Attendance Notice' 'criminal Procedure Act']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Judicial Review / Supreme Court of Nsw, Post Conviction Review
Legal Issues
- 1 ["Whether a Court Attendance Notice (CAN) is invalid for not including the prosecutor's name as a natural person under s 175(3)(c) of the Criminal Procedure Act" 'Whether failure to comply with s 175(3)(c) of the Criminal Procedure Act renders convictions void for want of jurisdiction']
Ratio Decidendi
A CAN that designates the prosecutor by official title (Director-General, NSW Department of Primary Industries) satisfies the requirement of s 175(3)(c), and, even if non-compliant, such a deficiency does not render the proceedings or resulting convictions void for want of jurisdiction.
Court Disposition
Application dismissed
Orders
- ['The summons filed 16 August 2006 is dismissed.' "The plaintiffs are to pay the defendants' costs as agreed or assessed."]
Full Case Text
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