Director of Public Prosecutions (NSW) v McDonald, Ian; Director of Public Prosecutions (NSW) v Maitland, John [2015] NSWLC 7

Director of Public Prosecutions (NSW) v McDonald, Ian; Director of Public Prosecutions (NSW) v Maitland, John [2015] NSWLC 7

The prosecutions were invalid as there was no legislative authority for ICAC officers to commence or prosecute these proceedings; accordingly, the Local Court had no jurisdiction in relation to the matters, and there was nothing before the Court to withdraw or dismiss.

Jurisdiction
Australia
Judgment Date
22 May 2015
Procedural Posture
Criminal / Crown Application to Withdraw Proceedings; Interlocutory Hearing on Validity of Prosecution and Costs
Outcome
Prosecutions invalid; No jurisdiction.
Legal Topics
['withdrawal of Proceedings' 'authority to Prosecute' 'costs Application' 'commencement of Criminal Proceedings' 'jurisdiction']
['criminal Law'] ['withdrawal of Proceedings' 'authority to Prosecute' 'costs Application' 'commencement of Criminal Proceedings' 'jurisdiction']

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Procedural Posture

Criminal / Crown Application to Withdraw Proceedings; Interlocutory Hearing on Validity of Prosecution and Costs

Legal Issues

  1. 1 ['Whether the prosecutions against the defendants were validly commenced by ICAC under the relevant legislation' 'Whether ICAC officers have authority to prosecute offences in NSW courts' 'Whether the Court had jurisdiction over the proceedings' 'Whether an order for costs should be made']

Ratio Decidendi

The prosecutions were invalid as there was no legislative authority for ICAC officers to commence or prosecute these proceedings; accordingly, the Local Court had no jurisdiction in relation to the matters, and there was nothing before the Court to withdraw or dismiss.

Court Disposition

Prosecutions invalid; No jurisdiction.

Orders

  • ["Papers marked 'No jurisdiction'."]