El-Ali v Commonwealth Director of Public Prosecutions and the Local Court of NSW (No 2) [2015] NSWSC 1134

El-Ali v Commonwealth Director of Public Prosecutions and the Local Court of NSW (No 2) [2015] NSWSC 1134

Section 6(1)(m) of the Director of Public Prosecutions Act 1983 (Cth) is properly construed disjunctively, enabling the CDPP to carry on prosecutions for State offences regardless of whether the prosecution was instituted by the CDPP personally or another authority, provided the statutory appointment and consent requirements are satisfied.

Parties
Plaintiff: Khoder El-Ali; First Defendant: Commonwealth Director of Public Prosecutions; Second Defendant: Local Court of NSW
Jurisdiction
Australia
Judgment Date
19 August 2015
Procedural Posture
Application for Injunctive and Declaratory Relief / Judgment After Hearing on the Merits
Outcome
Proceedings dismissed
Legal Topics
Functions of Commonwealth Director of Public Prosecutions, Statutory Construction of S.6(1)(m) Director of Public Prosecutions Act 1983 (cth), Power to Prosecute State Offences After Charges Laid by Third Party
Criminal Law Statutory Interpretation Functions of Commonwealth Director of Public Prosecutions Statutory Construction of S.6(1)(m) Director of Public Prosecutions Act 1983 (cth) Power to Prosecute State Offences After Charges Laid by Third Party

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Parties

Khoder El-Ali

Plaintiff

Commonwealth Director of Public Prosecutions

First Defendant

Local Court of NSW

Second Defendant

Procedural Posture

Application for Injunctive and Declaratory Relief / Judgment After Hearing on the Merits

Legal Issues

  1. 1 Whether s. 6(1)(m) of the Director of Public Prosecutions Act 1983 (Cth) limits the CDPP's power to carry on prosecutions for State offences to only those instituted by the CDPP
  2. 2 Proper statutory construction of 'institute and carry on' in s. 6(1)(m)

Ratio Decidendi

Section 6(1)(m) of the Director of Public Prosecutions Act 1983 (Cth) is properly construed disjunctively, enabling the CDPP to carry on prosecutions for State offences regardless of whether the prosecution was instituted by the CDPP personally or another authority, provided the statutory appointment and consent requirements are satisfied.

Court Disposition

Proceedings dismissed

Orders

  • The order granting a stay of the proceedings against the plaintiff in the Local Court is vacated.
  • The proceedings in this court are dismissed.