Roberts v Marks [2019] NSWSC 1469

Roberts v Marks [2019] NSWSC 1469

The magistrate did not consider or respond to the plaintiff's submission that the arrest was unlawful and gave only a succinct final determination after rejecting the no case submission. The plaintiff was entitled to have the criminal case heard and determined according to law, and the appropriate course was to set aside the convictions and remit the proceedings to the Local Court to be dealt with by a different magistrate.

Jurisdiction
Australia
Judgment Date
29 October 2019
Procedural Posture
Statutory Appeal in Criminal Proceedings and Alternative Judicial Review / Appeal From Local Court Convictions; Summons Seeking Setting Aside of Convictions and Remittal
Outcome
Convictions set aside and proceedings remitted to the Local Court at Gosford to be dealt with according to law by a magistrate other than Magistrate George.
Legal Topics
['failure to Give Reasons' 'no Prima Facie Case Submission' 'lawfulness of Arrest Without Warrant' 'remittal to Local Court']
['administrative Law' 'criminal Law' 'judicial Review'] ['failure to Give Reasons' 'no Prima Facie Case Submission' 'lawfulness of Arrest Without Warrant' 'remittal to Local Court']

Case Brief

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Procedural Posture

Statutory Appeal in Criminal Proceedings and Alternative Judicial Review / Appeal From Local Court Convictions; Summons Seeking Setting Aside of Convictions and Remittal

Legal Issues

  1. 1 ["Whether the Local Court magistrate erred by failing to consider or respond to the submission that the plaintiff's arrest was unlawful under s 99(3) of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)." 'Whether the convictions should be set aside and the proceedings remitted to the Local Court under s 55(1)(b) of the Crimes (Appeal and Review) Act 2001 (NSW).' 'Whether adequate reasons were given for rejecting the no prima facie case submission and for finding the offences proved.']

Ratio Decidendi

The magistrate did not consider or respond to the plaintiff's submission that the arrest was unlawful and gave only a succinct final determination after rejecting the no case submission. The plaintiff was entitled to have the criminal case heard and determined according to law, and the appropriate course was to set aside the convictions and remit the proceedings to the Local Court to be dealt with by a different magistrate.

Court Disposition

Convictions set aside and proceedings remitted to the Local Court at Gosford to be dealt with according to law by a magistrate other than Magistrate George.

Orders

  • ['Pursuant to s 55(1)(b) of the Crimes (Appeal and Review) Act 2001 (NSW), the convictions of the plaintiff on 8 April 2019 at the Local Court at Gosford for offences under s 546C of the Crimes Act 1900 (NSW) and s 199(1) of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) are set aside and the...