Forster v Director of Public Prosecutions [2017] NSWSC 458

Forster v Director of Public Prosecutions [2017] NSWSC 458

The Magistrate erred in construing 'consorts' under s 93X to include mere street conversations, misconstrued the statutory threshold for 'habitual consorting', and failed to make the required evaluative assessment. The evidence was incapable of supporting the conviction, which must be set aside.

Source-derived case information.

Parties
Plaintiff: Charlie Maxwell Forster; Defendant: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
20 April 2017
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed; conviction set aside.
Legal Topics
Habitual Consorting, Interpretation of S 93 X Crimes Act 1900 (nsw), Construction of Criminal Statutes, Standards of Proof in Criminal Cases
Criminal Law Habitual Consorting Interpretation of S 93 X Crimes Act 1900 (nsw) Construction of Criminal Statutes Standards of Proof in Criminal Cases

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Parties

Charlie Maxwell Forster

Plaintiff

Director of Public Prosecutions

Defendant

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Proper construction of 'consorts' under s 93X of the Crimes Act 1900 (NSW)
  2. 2 Whether casual street conversations amount to 'consorting'
  3. 3 Whether the conduct established 'habitual consorting'

Ratio Decidendi

The Magistrate erred in construing 'consorts' under s 93X to include mere street conversations, misconstrued the statutory threshold for 'habitual consorting', and failed to make the required evaluative assessment. The evidence was incapable of supporting the conviction, which must be set aside.

Court Disposition

Appeal allowed; conviction set aside.

Orders

  • Time for instituting the appeal extended to 1 July 2015.
  • Leave granted to amend the Summons to include proposed ground 6.