R v SE & ORS [2022] NSWDC 712

R v SE & ORS [2022] NSWDC 712

Once the Director of Public Prosecutions directs that there be no further proceedings and this is communicated to the court, the court has no further power to proceed on the indictment, and the proceedings are concluded, except that the accused may be discharged. The decision is binding by precedent and is consistent with the functions of the DPP under s 7(2)(b) of the Director of Public Prosecutions Act 1986 (NSW), and the common law regarding nolle prosequi.

Jurisdiction
Australia
Judgment Date
18 November 2022
Procedural Posture
Criminal Trial / Termination of Trial Following DPP Direction
Outcome
Trial concluded upon the Crown Prosecutor informing the Court of the Director's direction of no further proceedings; no verdict directed; accused discharged.
Legal Topics
['nolle Prosequi' 'discontinuance of Proceedings' 'dpp Powers Under S 7(2)(b) Director of Public Prosecutions Act 1986 (nsw)']
['criminal Law'] ['nolle Prosequi' 'discontinuance of Proceedings' 'dpp Powers Under S 7(2)(b) Director of Public Prosecutions Act 1986 (nsw)']

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Procedural Posture

Criminal Trial / Termination of Trial Following DPP Direction

Legal Issues

  1. 1 ['Whether the Court had power to require the Crown to proceed to verdict after the DPP directed no further proceedings' 'Whether entry of nolle prosequi/no further proceedings could constitute an abuse of process']

Ratio Decidendi

Once the Director of Public Prosecutions directs that there be no further proceedings and this is communicated to the court, the court has no further power to proceed on the indictment, and the proceedings are concluded, except that the accused may be discharged. The decision is binding by precedent and is consistent with the functions of the DPP under s 7(2)(b) of the Director of Public Prosecutions Act 1986 (NSW), and the common law regarding nolle prosequi.

Court Disposition

Trial concluded upon the Crown Prosecutor informing the Court of the Director's direction of no further proceedings; no verdict directed; accused discharged.

Orders

  • ["Trial terminated upon communication of DPP's direction that there be no further proceedings."]