MG v DIRECTOR OF PUBLIC PROSECUTIONS [2007] NSWCCA 260

MG v DIRECTOR OF PUBLIC PROSECUTIONS [2007] NSWCCA 260

Due to deficiencies in the original background report, which addressed offences for which the applicant was acquitted and thus included extraneous material outside the scope required by statute and regulations, the Court has implied power to order the preparation of a further background report to comply with s 25 of the Children (Criminal Proceedings) Act 1987 (NSW).

Parties
Appellant: MG; Respondent: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
30 August 2007
Procedural Posture
Criminal Appeal / Pre Hearing Orders; Application for Leave to Appeal Listed, Sentencing to Be Reconsidered
Outcome
Matter stood over; orders regarding preparation of further background report and relisting to fix hearing date.
Legal Topics
Sentencing, Children (criminal Proceedings) Act 1987 (nsw), Background Reports, Re Sentencing, Statutory Interpretation
Criminal Law Criminal Procedure Sentencing Children (criminal Proceedings) Act 1987 (nsw) Background Reports Re Sentencing Statutory Interpretation

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Parties

MG

Appellant

Director of Public Prosecutions

Respondent

Procedural Posture

Criminal Appeal / Pre Hearing Orders; Application for Leave to Appeal Listed, Sentencing to Be Reconsidered

Legal Issues

  1. 1 Whether the existing background report satisfies the statutory requirements under s 25 of the Children (Criminal Proceedings) Act 1987 (NSW) for re-sentencing the applicant
  2. 2 Whether the Court of Criminal Appeal has the power to order the preparation of a further background report

Ratio Decidendi

Due to deficiencies in the original background report, which addressed offences for which the applicant was acquitted and thus included extraneous material outside the scope required by statute and regulations, the Court has implied power to order the preparation of a further background report to comply with s 25 of the Children (Criminal Proceedings) Act 1987 (NSW).

Court Disposition

Matter stood over; orders regarding preparation of further background report and relisting to fix hearing date.

Orders

  • Order that the Director take steps to have a further background report prepared with respect to the offences for which the applicant stands convicted.
  • Stand the matter over to Registrar Drennan's list at 9.00am on 30 August 2007 to fix a date for hearing.