Steele v Director of Public Prosecutions [2007] NSWSC 926

Steele v Director of Public Prosecutions [2007] NSWSC 926

The magistrate identified and applied the correct test under s 93, considered the plaintiff's contentions about inconsistencies, credit, reliability and competence, and was entitled to conclude that no special reasons existed because the complaint evidence and DNA evidence could justify committal even if further inconsistencies emerged. Any complaint was in substance about the merits of the discretionary decision, not jurisdictional error or a question of law warranting intervention.

Jurisdiction
Australia
Judgment Date
01 August 2007
Procedural Posture
Civil Proceedings Seeking Leave to Appeal Under S 53(3)(a) of the Crimes (appeal and Review) Act 2001 and Prerogative Relief Concerning Committal Proceedings / Supreme Court Application Challenging a Local Court Magistrate's Refusal to Direct the Complainant to Attend for Cross Examination at Committal
Outcome
The amended summons was dismissed; if s 53 of the Crimes (Appeal and Review) Act 2001 was available, leave to appeal would be refused; prerogative relief failed.
Legal Topics
['committal Proceedings' 'special Reasons for Attendance of Alleged Victim' 'prescribed Sexual Offences' 'prerogative Relief' 'leave to Appeal on a Question of Law' 'cross Examination of Intellectually Disabled Complainant']
['criminal Procedure' 'administrative Law' 'evidence'] ['committal Proceedings' 'special Reasons for Attendance of Alleged Victim' 'prescribed Sexual Offences' 'prerogative Relief' 'leave to Appeal on a Question of Law' 'cross Examination of Intellectually Disabled Complainant']

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Procedural Posture

Civil Proceedings Seeking Leave to Appeal Under S 53(3)(a) of the Crimes (appeal and Review) Act 2001 and Prerogative Relief Concerning Committal Proceedings / Supreme Court Application Challenging a Local Court Magistrate's Refusal to Direct the Complainant to Attend for Cross Examination at Committal

Legal Issues

  1. 1 ["Whether leave to appeal was available under s 53(3)(a) of the Crimes (Appeal and Review) Act 2001 from the magistrate's refusal to direct the complainant to attend at committal." 'Whether the magistrate misconceived or failed to exercise the jurisdiction conferred by s 93 of the Criminal Procedure Act 1986.' "Whether inconsistencies in the complainant's accounts and questions about competence or reliability constituted special reasons in the interests of justice for requiring the complainant to give oral evidence at committal." 'Whether prerogative relief should be granted before the committal proceedings had concluded.']

Ratio Decidendi

The magistrate identified and applied the correct test under s 93, considered the plaintiff's contentions about inconsistencies, credit, reliability and competence, and was entitled to conclude that no special reasons existed because the complaint evidence and DNA evidence could justify committal even if further inconsistencies emerged. Any complaint was in substance about the merits of the discretionary decision, not jurisdictional error or a question of law warranting intervention.

Court Disposition

The amended summons was dismissed; if s 53 of the Crimes (Appeal and Review) Act 2001 was available, leave to appeal would be refused; prerogative relief failed.

Orders

  • ['The amended summons is dismissed.' "The plaintiff is to pay the first defendant's costs."]