Murphy v Director of Public Prosecutions & Anor [2006] NSWSC 965

Murphy v Director of Public Prosecutions & Anor [2006] NSWSC 965

Jurisdictional error occurred in the Magistrate's decision concerning the lay witnesses John Killeen and Bradley Fahy, due to failure to properly distinguish the tests and adequately consider substantial reasons for their attendance at committal. No jurisdictional error occurred in the refusal to direct the complainant V to attend or be cross-examined, as the Magistrate applied the correct test for special reasons.

Jurisdiction
Australia
Judgment Date
22 September 2006
Procedural Posture
Application for Prerogative Relief and Leave to Appeal / Judgment on Application
Outcome
Orders made allowing application in part; proceedings remitted to Local Court for determination regarding witnesses; decision quashed in part; otherwise summons dismissed; costs reserved.
Legal Topics
['committal Proceedings' 'cross Examination of Witnesses' 'sexual Offences' 'jurisdictional Error' 'prerogative Relief']
['criminal Law' 'procedure'] ['committal Proceedings' 'cross Examination of Witnesses' 'sexual Offences' 'jurisdictional Error' 'prerogative Relief']

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Procedural Posture

Application for Prerogative Relief and Leave to Appeal / Judgment on Application

Legal Issues

  1. 1 ['Whether the Magistrate failed to apply the correct tests under ss 91 and 93 of the Criminal Procedure Act 1986' 'Whether there were jurisdictional errors in refusing to direct attendance of certain witnesses for oral evidence at committal proceedings']

Ratio Decidendi

Jurisdictional error occurred in the Magistrate's decision concerning the lay witnesses John Killeen and Bradley Fahy, due to failure to properly distinguish the tests and adequately consider substantial reasons for their attendance at committal. No jurisdictional error occurred in the refusal to direct the complainant V to attend or be cross-examined, as the Magistrate applied the correct test for special reasons.

Court Disposition

Orders made allowing application in part; proceedings remitted to Local Court for determination regarding witnesses; decision quashed in part; otherwise summons dismissed; costs reserved.

Orders

  • ['Proceedings remitted to the Local Court in Lismore for application under s 91 Criminal Procedure Act 1986 (regarding John Killeen and Bradley Fahy) to be determined according to law and reasons.' 'Matter to be brought to the attention of the Chief Magistrate for nomination of a Magistrate to determine the...