Police v DG [2012] NSWChC 18

Police v DG [2012] NSWChC 18

The Criminal Procedure Act 1986 expressly gives the prosecution the right to withdraw a charge in summary proceedings under s 208, without the requirement for leave of the court, and such withdrawal is deemed to be a dismissal and discharge of the accused. However, this deemed dismissal does not amount to an acquittal and does not bar future proceedings. Costs are available to the accused upon withdrawal.

Parties
The Young Person: DG; Prosecution: Police
Jurisdiction
Australia
Judgment Date
02 November 2012
Procedural Posture
Criminal / Application for Withdrawal of Charge and Costs Order
Outcome
Charge withdrawn; matter deemed dismissed; accused discharged; costs awarded to accused.
Legal Topics
Withdrawal of Charge, Summary Procedure, Costs in Criminal Proceedings
Criminal Law Withdrawal of Charge Summary Procedure Costs in Criminal Proceedings

Case Brief

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Parties

DG

The Young Person

Police

Prosecution

Procedural Posture

Criminal / Application for Withdrawal of Charge and Costs Order

Legal Issues

  1. 1 Whether the prosecution may withdraw a charge without leave of the court under the Criminal Procedure Act 1986
  2. 2 Whether a dismissal upon withdrawal bars future proceedings
  3. 3 Whether the accused is entitled to costs when charge is withdrawn

Ratio Decidendi

The Criminal Procedure Act 1986 expressly gives the prosecution the right to withdraw a charge in summary proceedings under s 208, without the requirement for leave of the court, and such withdrawal is deemed to be a dismissal and discharge of the accused. However, this deemed dismissal does not amount to an acquittal and does not bar future proceedings. Costs are available to the accused upon withdrawal.

Court Disposition

Charge withdrawn; matter deemed dismissed; accused discharged; costs awarded to accused.

Orders

  • Larceny charge against DG taken to be dismissed and DG taken to be discharged in relation to the charge.
  • Costs in the sum of $825 awarded to DG.