JD v DPP [1999] NSWSC 878

JD v DPP [1999] NSWSC 878

Because the magistrate's initial recording that the informations were withdrawn and dismissed was made under a misapprehension that the plaintiff consented to that course, and the plaintiff had asked for discharge and immediately sought costs, the Court was not prepared to hold that the magistrate was functus officio or that the later discharge order was of no effect. The proceedings therefore had to be determined on their merits, and the magistrate had power to award costs.

Jurisdiction
Australia
Judgment Date
02 September 1999
Procedural Posture
Common Law Division Proceedings Seeking Declaratory and Other Relief in Relation to a Magistrate's Refusal to Award Costs After Committal Proceedings / Determination of Whether the Magistrate Was Functus Officio and Had Power to Discharge the Plaintiff and Award Costs
Outcome
Magistrate had power to award costs; the Court was not prepared to hold that the magistrate was functus officio or that the later discharge order was of no effect.
Legal Topics
['committal Proceedings' 'withdrawal and Dismissal of Informations' 'functus Officio' 'discharge of Defendant' 'costs in Criminal Proceedings' 'natural Justice']
['criminal Law' 'criminal Procedure'] ['committal Proceedings' 'withdrawal and Dismissal of Informations' 'functus Officio' 'discharge of Defendant' 'costs in Criminal Proceedings' 'natural Justice']

Case Brief

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Procedural Posture

Common Law Division Proceedings Seeking Declaratory and Other Relief in Relation to a Magistrate's Refusal to Award Costs After Committal Proceedings / Determination of Whether the Magistrate Was Functus Officio and Had Power to Discharge the Plaintiff and Award Costs

Legal Issues

  1. 1 ['Whether the magistrate was functus officio after recording that the informations had been withdrawn and dismissed.' 'Whether the magistrate could rescind the earlier order and discharge the plaintiff after the prosecution offered no evidence.' 'Whether the magistrate had power to award costs under s41A of the Justices Act 1902.']

Ratio Decidendi

Because the magistrate's initial recording that the informations were withdrawn and dismissed was made under a misapprehension that the plaintiff consented to that course, and the plaintiff had asked for discharge and immediately sought costs, the Court was not prepared to hold that the magistrate was functus officio or that the later discharge order was of no effect. The proceedings therefore had to be determined on their merits, and the magistrate had power to award costs.

Court Disposition

Magistrate had power to award costs; the Court was not prepared to hold that the magistrate was functus officio or that the later discharge order was of no effect.

Orders

  • ['The proceedings in this Court must be determined on their merits.' "The parties were to have the opportunity to develop their written submissions in oral argument on the exercise of the magistrate's discretion in refusing costs."]