Romero v Director of Public Prosecutions [2017] NSWSC 1190

Romero v Director of Public Prosecutions [2017] NSWSC 1190

The Local Court Magistrate proceeded under misconstruction of jurisdiction in assuming the criminal and civil proceedings could be heard concurrently. As a result, the convictions and orders made must be set aside and the matters remitted for hearing according to law.

Jurisdiction
Australia
Judgment Date
17 July 2017
Procedural Posture
Appeal / Judgment
Outcome
Plaintiff's conviction and apprehended domestic violence order set aside; matters remitted; DPP to pay half plaintiff's costs
Legal Topics
['appeals' 'jurisdictional Error' 'concurrent Criminal and Civil Proceedings' 'costs']
['criminal Law' 'civil Procedure'] ['appeals' 'jurisdictional Error' 'concurrent Criminal and Civil Proceedings' 'costs']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the magistrate erred in assuming jurisdiction to hear criminal proceedings for common assault concurrently with a civil application for an apprehended domestic violence order' 'Whether conviction and apprehended domestic violence order should be set aside due to jurisdictional error' 'Appropriate order for costs']

Ratio Decidendi

The Local Court Magistrate proceeded under misconstruction of jurisdiction in assuming the criminal and civil proceedings could be heard concurrently. As a result, the convictions and orders made must be set aside and the matters remitted for hearing according to law.

Court Disposition

Plaintiff's conviction and apprehended domestic violence order set aside; matters remitted; DPP to pay half plaintiff's costs

Orders

  • ["That Leonel Romero's conviction for common assault in the Local Court on 17 November 2016 at Burwood Local Court by Magistrate Goodwin (no 2016/237133) be set aside and that the matter be remitted to the Local Court to be heard and determined according to law." 'That the final Apprehended Domestic Violence Order...