DPP v Goben [1999] NSWSC 696

DPP v Goben [1999] NSWSC 696

Because each information was incurably defective and therefore invalid, the Magistrate had no jurisdiction after making that finding to proceed further or to dismiss the informations under s80 of the Justices Act. Since a costs order under s81 depended on a proper dismissal under s80, the Local Court costs order for $17,400 was made without jurisdiction and had to be quashed by certiorari. The discretionary matters relied on by Mr Goben did not justify withholding relief.

Jurisdiction
Australia
Judgment Date
14 July 1999
Procedural Posture
Civil Proceedings for Orders in the Nature of Certiorari or a Declaration Concerning a Local Court Costs Order / Hearing of Amended Summons in the Supreme Court of New South Wales
Outcome
Certiorari granted; the Local Court costs order was quashed.
Legal Topics
['certiorari' 'invalid Information' 'summary Prosecution' "magistrate's Jurisdiction" 'dismissal of Proceedings' 'costs Orders Under the Justices Act']
['administrative Law' 'criminal Procedure' 'costs'] ['certiorari' 'invalid Information' 'summary Prosecution' "magistrate's Jurisdiction" 'dismissal of Proceedings' 'costs Orders Under the Justices Act']

Case Brief

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Procedural Posture

Civil Proceedings for Orders in the Nature of Certiorari or a Declaration Concerning a Local Court Costs Order / Hearing of Amended Summons in the Supreme Court of New South Wales

Legal Issues

  1. 1 ['Whether the informations laid against Mr Goben were invalid because they did not state all elements of an offence under s178BB of the Crimes Act.' 'Whether, after finding the informations incurably defective, the Magistrate had jurisdiction to dismiss the informations under s80 of the Justices Act.' "Whether the Magistrate had power to order the informant to pay Mr Goben's costs under s81 of the Justices Act." 'Whether discretionary considerations justified withholding certiorari.']

Ratio Decidendi

Because each information was incurably defective and therefore invalid, the Magistrate had no jurisdiction after making that finding to proceed further or to dismiss the informations under s80 of the Justices Act. Since a costs order under s81 depended on a proper dismissal under s80, the Local Court costs order for $17,400 was made without jurisdiction and had to be quashed by certiorari. The discretionary matters relied on by Mr Goben did not justify withholding relief.

Court Disposition

Certiorari granted; the Local Court costs order was quashed.

Orders

  • ['Orders made in accordance with pars1 and 2 of the amended summons removing the record of the Local Court at Burwood and quashing the order for costs made by the second defendant.' 'No order for the costs of the Supreme Court proceedings was made at the time of publication of the judgment.']