Besey, G. v Mackenzie, F. & Ors [1987] FCA 765

Besey, G. v Mackenzie, F. & Ors [1987] FCA 765

The order committing the applicant for trial was quashed for failure to comply with procedural requirements under s. 41(6) of the Justices Act, 1902 (N.S.W.), specifically the failure to allow submissions on relevant issues, warranting limited relief under s. 16 of the Administrative Decisions (Judicial Review) Act.

Source-derived case information.

Parties
Applicant: Graham Besey; First Respondent: F. Mackenzie; Second Respondent: B.R. Bennett; Third Respondent: M.W. Standon; Fourth Respondent: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
27 November 1987
Procedural Posture
Application for Judicial Review / Final Judgment and Orders Made
Outcome
Order quashed and matter remitted for further consideration
Legal Topics
Judicial Review of Administrative Decisions, Admissibility of Evidence, Committal for Trial, Compliance With Committal Procedure
Administrative Law Criminal Law Judicial Review of Administrative Decisions Admissibility of Evidence Committal for Trial Compliance With Committal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Graham Besey

Applicant

F. Mackenzie

First Respondent

B.R. Bennett

Second Respondent

M.W. Standon

Third Respondent

Director of Public Prosecutions

Fourth Respondent

Procedural Posture

Application for Judicial Review / Final Judgment and Orders Made

Legal Issues

  1. 1 Whether evidence of witness's subjective understanding that 'Buddha' meant cannabis was wrongly admitted
  2. 2 Whether a prima facie case existed without the evidence
  3. 3 Whether s. 41(6) of the Justices Act (N.S.W.) was complied with

Ratio Decidendi

The order committing the applicant for trial was quashed for failure to comply with procedural requirements under s. 41(6) of the Justices Act, 1902 (N.S.W.), specifically the failure to allow submissions on relevant issues, warranting limited relief under s. 16 of the Administrative Decisions (Judicial Review) Act.

Court Disposition

Order quashed and matter remitted for further consideration

Orders

  • Order of first respondent committing applicant for trial quashed
  • Matter referred to first respondent for further consideration