Director of Public Prosecutions (NSW) v Harris [2015] NSWLC 22

Director of Public Prosecutions (NSW) v Harris [2015] NSWLC 22

Reading ss 3, 116 and 117 of the Criminal Procedure Act 1986 in the context of the Act as a whole, including provisions for commencement, first return dates, adjournments, withdrawal, discharge, waiver and committal, "committal proceedings" are not confined to a hearing at which a Magistrate decides whether to commit an accused for trial or sentence. They include the proceedings from the issue or filing of the court attendance notice until final disposition. Because s 116(1)(a) expressly covers both discharge and withdrawal, and withdrawal may occur without a committal hearing, the end of committal proceedings includes the point at which the prosecution withdraws the matter. Accordingly,...

Jurisdiction
Australia
Judgment Date
24 November 2015
Procedural Posture
Criminal Costs Application in Committal Proceedings / Preliminary Jurisdictional Determination After Charges Withdrawn and Substantive Costs Application Adjourned
Outcome
The Local Court has jurisdiction to consider the application for costs.
Legal Topics
['jurisdiction of the Local Court to Award Costs' 'meaning of Committal Proceedings' 'meaning of End of Committal Proceedings' 'statutory Interpretation of Criminal Procedure Act 1986 Ss 3, 116 and 117' 'withdrawal of Indictable Charges']
['criminal Law' 'criminal Procedure' 'costs'] ['jurisdiction of the Local Court to Award Costs' 'meaning of Committal Proceedings' 'meaning of End of Committal Proceedings' 'statutory Interpretation of Criminal Procedure Act 1986 Ss 3, 116 and 117' 'withdrawal of Indictable Charges']

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Procedural Posture

Criminal Costs Application in Committal Proceedings / Preliminary Jurisdictional Determination After Charges Withdrawn and Substantive Costs Application Adjourned

Legal Issues

  1. 1 ['What is the meaning of "committal proceedings" in the Criminal Procedure Act 1986?' 'What is the "end of committal proceedings"?' 'What is the meaning of s 116 in the context of s 117 of the Criminal Procedure Act 1986?' "Whether the Local Court had jurisdiction to consider the accused's application for costs after charges were withdrawn on mention dates before a committal hearing."]

Ratio Decidendi

Reading ss 3, 116 and 117 of the Criminal Procedure Act 1986 in the context of the Act as a whole, including provisions for commencement, first return dates, adjournments, withdrawal, discharge, waiver and committal, "committal proceedings" are not confined to a hearing at which a Magistrate decides whether to commit an accused for trial or sentence. They include the proceedings from the issue or filing of the court attendance notice until final disposition. Because s 116(1)(a) expressly covers both discharge and withdrawal, and withdrawal may occur without a committal hearing, the end of committal proceedings includes the point at which the prosecution withdraws the matter. Accordingly,...

Court Disposition

The Local Court has jurisdiction to consider the application for costs.

Orders

  • ['The jurisdictional objection was rejected.' 'The substantive costs application remained to be considered after the preliminary jurisdictional determination.']