NSW Police v Pepper [2016] NSWLC 15

Where proceedings in the Local Court are invalid and marked as 'no jurisdiction', s 213 Criminal Procedure Act 1986 empowers the court to order the prosecution to pay the defendant's costs, as a literal interpretation to the contrary would frustrate legislative intent and result in injustice.

Jurisdiction: Australia
Judgment Date: 23 August 2016
Procedural Posture: Criminal / Summary Proceedings; Determination of Costs After Finding Prosecution Statute Barred
Outcome: The papers are marked 'no jurisdiction'. The prosecution is to pay the defendant's costs.
Legal Topics: ['statute Barred Prosecutions' 'costs in Summary Proceedings' 'jurisdiction of Local Court']

['criminal Law'] ['statute Barred Prosecutions' 'costs in Summary Proceedings' 'jurisdiction of Local Court']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Criminal / Summary Proceedings; Determination of Costs After Finding Prosecution Statute Barred

Legal Issues

1 ["Whether the proceedings should be dismissed or marked 'no jurisdiction' when statute-barred" "Whether the court has power to order costs where proceedings are marked 'no jurisdiction' as invalid" 'Whether the prosecution had reasonable cause to institute proceedings out of time']

Ratio Decidendi

Court Disposition

The papers are marked 'no jurisdiction'. The prosecution is to pay the defendant's costs.

Orders

["The papers are marked 'No Jurisdiction'." "The prosecution is to pay the defendant's costs in the sum of $990 within 14 days."]