Director of Public Prosecutions (Cth) on behalf of the Director of Public Prosecutions (NSW) v El Ali, Khoder (No 1) [2014] NSWLC 28

Director of Public Prosecutions (Cth) on behalf of the Director of Public Prosecutions (NSW) v El Ali, Khoder (No 1) [2014] NSWLC 28

The Commonwealth Director of Public Prosecutions had lawful authority to carry on the committal proceedings for State firearm offences (not requiring to have 'instituted' such proceedings) pursuant to ss 6(1)(m) and 17 of the Director of Public Prosecutions Act 1983 (Cth) and corresponding instruments of consent and delegation from the NSW Director of Public Prosecutions. Thus, the CDPP's conduct of proceedings was valid and the NSWDPP did not fail to appear for the committal hearing.

Parties
Prosecution: Director of Public Prosecutions (Cth); Solicitor for the Prosecution: Director of Public Prosecutions (Cth); Defendant: K El Ali; Solicitor for the Defendant: Hanna Legal
Jurisdiction
Australia
Judgment Date
16 December 2014
Procedural Posture
Criminal / Committal Proceedings
Outcome
Application dismissed; prosecution may continue.
Legal Topics
Director of Public Prosecutions Powers, Jurisdiction, Committal Proceedings, Agency, Procedural Rulings
Criminal Law Statutory Interpretation Director of Public Prosecutions Powers Jurisdiction Committal Proceedings Agency Procedural Rulings

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Parties

Director of Public Prosecutions (Cth)

Prosecution

Director of Public Prosecutions (Cth)

Solicitor for the Prosecution

K El Ali

Defendant

Hanna Legal

Solicitor for the Defendant

Procedural Posture

Criminal / Committal Proceedings

Legal Issues

  1. 1 Whether the Commonwealth Director of Public Prosecutions had power to carry on proceedings on behalf of the NSW Director of Public Prosecutions for State firearm offences
  2. 2 Interpretation of ss 6(1)(m) and 17 of the Director of Public Prosecutions Act 1983 (Cth)
  3. 3 Whether agency or incidental powers under the Act or related regulations permit conduct of State proceedings

Ratio Decidendi

The Commonwealth Director of Public Prosecutions had lawful authority to carry on the committal proceedings for State firearm offences (not requiring to have 'instituted' such proceedings) pursuant to ss 6(1)(m) and 17 of the Director of Public Prosecutions Act 1983 (Cth) and corresponding instruments of consent and delegation from the NSW Director of Public Prosecutions. Thus, the CDPP's conduct of proceedings was valid and the NSWDPP did not fail to appear for the committal hearing.

Court Disposition

Application dismissed; prosecution may continue.

Orders

  • That the NSW Director of Public Prosecutions did not fail to appear at the committal hearing.
  • That the Commonwealth Director of Public Prosecutions did have the lawful authority to carry on the committal proceedings for the State firearm offences and in doing so appear for the NSW Director of Public Prosecutions.