CONNOR v PETELO [2005] NSWSC 1025

CONNOR v PETELO [2005] NSWSC 1025

The Local Court has an implied power to grant leave to a Police Prosecutor to appear for an informant, and it was desirable in the interests of justice that leave should have been granted. The refusal was an error warranting the appeal being allowed and the matter remitted.

Jurisdiction
Australia
Judgment Date
22 August 2005
Procedural Posture
Appeal / Judgment After Appeal From Local Court
Outcome
Appeal allowed. Decision of the Local Court set aside. Matter remitted to the Local Court. No order as to costs.
Legal Topics
['status of Police Prosecutor' 'leave to Appear' 'representation in Court']
['criminal Law' 'procedure'] ['status of Police Prosecutor' 'leave to Appear' 'representation in Court']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment After Appeal From Local Court

Legal Issues

  1. 1 ['Whether leave to appear for informant by a Police Prosecutor should be granted' 'Effect of s36 Criminal Procedure Act 1986 on appearance rights']

Ratio Decidendi

The Local Court has an implied power to grant leave to a Police Prosecutor to appear for an informant, and it was desirable in the interests of justice that leave should have been granted. The refusal was an error warranting the appeal being allowed and the matter remitted.

Court Disposition

Appeal allowed. Decision of the Local Court set aside. Matter remitted to the Local Court. No order as to costs.

Orders

  • ['Appeal allowed' 'Decision of the Local Court set aside' 'Matter remitted to the Local Court' 'No order as to costs']