DPP (NSW) v A West [1999] NSWSC 1195

DPP (NSW) v A West [1999] NSWSC 1195

Compliance with s 66B is assessed at the time when the prosecution seeks to adduce evidence; since the brief was served more than 14 days before the adjourned hearing date, there was compliance and the evidence should not have been refused admission.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 December 1999
Procedural Posture
Criminal Appeal / Judgment on Appeal From Local Court
Outcome
Appeal allowed.
Legal Topics
['summary Offences' 'service of Briefs of Evidence' 'construction of Justices Act 1902' 'timing Requirements for Evidence Briefs']
['criminal Law'] ['summary Offences' 'service of Briefs of Evidence' 'construction of Justices Act 1902' 'timing Requirements for Evidence Briefs']

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Procedural Posture

Criminal Appeal / Judgment on Appeal From Local Court

Legal Issues

  1. 1 ['Does s 66F(1) of the Justices Act 1902 require refusal to admit prosecution evidence if service of the brief of evidence occurs less than 14 days before the original hearing date, even if more than 14 days before the adjourned hearing date?' 'Does section 66B of the Justices Act 1902 require service of the prosecution brief at least 14 days before the hearing when evidence is sought to be adduced?' 'Are the provisions regarding service of prosecution briefs to be interpreted prospectively or retrospectively?']

Ratio Decidendi

Compliance with s 66B is assessed at the time when the prosecution seeks to adduce evidence; since the brief was served more than 14 days before the adjourned hearing date, there was compliance and the evidence should not have been refused admission.

Court Disposition

Appeal allowed.

Orders

  • ['Proceedings removed into the Court of Appeal.' 'Order dismissing the informations quashed.' 'Proceedings remitted to the Local Court for determination according to law.' 'Costs of the hearing before Sperling J reserved.']