DARGIN v SIMPSON [1992] NSWCA 52
A magistrate may summarily dispose of offences under s495(1) Crimes Act 1900 without initiating committal proceedings under Subdivision 7A Justices Act 1902, and need not provide evidentiary benefits of committal to defendant before summary hearing.
- Parties
- Appellant: Dargin; Respondent: Simpson
- Jurisdiction
- Australia
- Judgment Date
- 07 February 1992
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Committal Proceedings, Summary Disposal of Indictable Offences
Case Brief
Summary, issues, holding and outcome
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Parties
Dargin
Appellant
Simpson
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether a magistrate must hear evidence as if embarking upon committal proceedings before disposing summarily of offences under s495(1) Crimes Act 1900
- 2 Whether the procedural benefits conferred by subdivision 7A of the Justices Act 1902 must be applied before summary disposal
Ratio Decidendi
A magistrate may summarily dispose of offences under s495(1) Crimes Act 1900 without initiating committal proceedings under Subdivision 7A Justices Act 1902, and need not provide evidentiary benefits of committal to defendant before summary hearing.
Court Disposition
appeal dismissed
Orders
- Appellant is to pay respondent's costs of the appeal
Full Case Text
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