Saunders, B. & Anor v Brown, S.E. & Anor [1986] FCA 412

Saunders, B. & Anor v Brown, S.E. & Anor [1986] FCA 412

There is a serious question of law regarding the magistrate's understanding of the mental element of 'dishonestly.' In the absence of compelling evidence that granting a stay will cause substantial harm to the public interest, and given the bona fide nature of the application, it is appropriate to stay the proceedings until the judicial review applications are determined or further order.

Parties
Applicant: Barry Saunders; Applicant: Gerard Francis Sheehan; Respondent: S.E. Brown; Respondent: Phillip George Currie
Jurisdiction
Australia
Judgment Date
06 August 1986
Procedural Posture
Motion for a Stay of Proceedings / Interlocutory (application for Stay Pending Review)
Outcome
Stay granted
Legal Topics
Committal Proceedings, Judicial Review of Magistrate's Decision, Criminal Conspiracy, Stays of Proceedings
Criminal Law Administrative Law Committal Proceedings Judicial Review of Magistrate's Decision Criminal Conspiracy Stays of Proceedings

Case Brief

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Parties

Barry Saunders

Applicant

Gerard Francis Sheehan

Applicant

S.E. Brown

Respondent

Phillip George Currie

Respondent

Procedural Posture

Motion for a Stay of Proceedings / Interlocutory (application for Stay Pending Review)

Legal Issues

  1. 1 Whether there is a serious question of law to be tried justifying a stay of committal proceedings pending review under the Administrative Decisions (Judicial Review) Act 1977
  2. 2 Whether the magistrate misconceived a constituent mental element of the offence charged

Ratio Decidendi

There is a serious question of law regarding the magistrate's understanding of the mental element of 'dishonestly.' In the absence of compelling evidence that granting a stay will cause substantial harm to the public interest, and given the bona fide nature of the application, it is appropriate to stay the proceedings until the judicial review applications are determined or further order.

Court Disposition

Stay granted

Orders

  • All proceedings, other than proceedings by way of adjournment and proceedings incidental to adjournment, in the preliminary examinations being conducted by the first-named respondent in relation to the offences charged in the informations be stayed until the determination of the applications herein or until further...
  • Costs of each party of the motion be reserved.