Hammond v DPP [2013] NSWSC 888

Hammond v DPP [2013] NSWSC 888

The first return date was 29 February 2012, not the earlier appearance before the registrar. Sections 190(3) and 196(3) of the Criminal Procedure Act 1986 authorised the Local Court to hear and determine the matter in the plaintiff's absence on the first return date, despite the matter being listed for mention, where reasonable notice had been given and the conditions for the discretion were satisfied. The plaintiff had ample notice through his bail undertaking, and no discretionary error or denial of procedural fairness was shown.

Jurisdiction
Australia
Judgment Date
01 July 2013
Procedural Posture
Conviction Appeal From Local Court to Supreme Court on Error of Law / Amended Summons Seeking Orders Allowing the Appeal, Setting Aside the Conviction and Remitting the Matter to Dubbo Local Court for Rehearing
Outcome
Amended summons dismissed.
Legal Topics
['conviction Appeal' 'summary Proceedings' 'proceeding in Absence of Accused' 'first Return Date' 'procedural Fairness' 'criminal Procedure Act 1986 Ss 190 and 196']
['criminal Law' 'criminal Procedure' 'appeals'] ['conviction Appeal' 'summary Proceedings' 'proceeding in Absence of Accused' 'first Return Date' 'procedural Fairness' 'criminal Procedure Act 1986 Ss 190 and 196']

Case Brief

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Procedural Posture

Conviction Appeal From Local Court to Supreme Court on Error of Law / Amended Summons Seeking Orders Allowing the Appeal, Setting Aside the Conviction and Remitting the Matter to Dubbo Local Court for Rehearing

Legal Issues

  1. 1 ['Whether the magistrate erred in making a finding of guilt on a date other than the nominated hearing date.' 'Whether 29 February 2012 was the first return date for the purposes of the Criminal Procedure Act 1986.' "Whether ss 190 and 196 of the Criminal Procedure Act 1986 permitted the Local Court to hear and determine the matter in the plaintiff's absence when it was listed for mention." 'Whether the procedure adopted denied the plaintiff procedural fairness.']

Ratio Decidendi

The first return date was 29 February 2012, not the earlier appearance before the registrar. Sections 190(3) and 196(3) of the Criminal Procedure Act 1986 authorised the Local Court to hear and determine the matter in the plaintiff's absence on the first return date, despite the matter being listed for mention, where reasonable notice had been given and the conditions for the discretion were satisfied. The plaintiff had ample notice through his bail undertaking, and no discretionary error or denial of procedural fairness was shown.

Court Disposition

Amended summons dismissed.

Orders

  • ['The amended summons is dismissed.']