R v Elzahed (No 1) [2018] NSWLC 21

R v Elzahed (No 1) [2018] NSWLC 21

The proceedings were validly commenced because the Solicitor General, acting under a valid delegation from the Attorney General, authorised proceedings against Ms Elzahed for offences contrary to s 200A of the District Court Act 1973 arising from her conduct before Balla DCJ on the identified dates. The authorities did not require the authorisation to specify the exact Court Attendance Notices or precise particulars of each charge. The Court was not satisfied that the Solicitor General confined himself to arguability or failed to consider relevant matters; exhibit 2 showed consideration of the alleged conduct, evidence, legal issues and the defendant's religious-belief explanation, and...

Jurisdiction
Australia
Judgment Date
20 February 2018
Procedural Posture
Criminal Summary Proceedings for Offences Against S 200 A(1) of the District Court Act 1973 / Procedural Ruling on the Defendant's Jurisdictional Challenge and Application to Quash the Court Attendance Notices And/or Permanently Stay the Proceedings
Outcome
The defendant's jurisdictional challenge was rejected; the proceedings were held to have been validly commenced and the Local Court held that it had jurisdiction to hear them.
Legal Topics
['commencement of Proceedings' "attorney General's Authorisation" 'delegation to Solicitor General' 'local Court Jurisdiction' 'disrespectful Behaviour in Court']
['criminal Procedure'] ['commencement of Proceedings' "attorney General's Authorisation" 'delegation to Solicitor General' 'local Court Jurisdiction' 'disrespectful Behaviour in Court']

Case Brief

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Procedural Posture

Criminal Summary Proceedings for Offences Against S 200 A(1) of the District Court Act 1973 / Procedural Ruling on the Defendant's Jurisdictional Challenge and Application to Quash the Court Attendance Notices And/or Permanently Stay the Proceedings

Legal Issues

  1. 1 ['Whether proceedings for offences against s 200A(1) of the District Court Act 1973 were commenced only with the authorisation of the Attorney General as required by s 200A(8).' "Whether the Solicitor General's authorisation was invalid because it did not authorise the particular Court Attendance Notices or precise offences ultimately brought." 'Whether the discretion to authorise commencement of proceedings miscarried because the Solicitor General allegedly failed to consider the public interest or asked the wrong question.' "Whether the Attorney General's instrument of delegation to the Solicitor General was invalid for lack of specificity under s 4 of the Solicitor General Act 1969." 'Whether any invalidity in authorisation or delegation deprived the Local Court of jurisdiction.']

Ratio Decidendi

The proceedings were validly commenced because the Solicitor General, acting under a valid delegation from the Attorney General, authorised proceedings against Ms Elzahed for offences contrary to s 200A of the District Court Act 1973 arising from her conduct before Balla DCJ on the identified dates. The authorities did not require the authorisation to specify the exact Court Attendance Notices or precise particulars of each charge. The Court was not satisfied that the Solicitor General confined himself to arguability or failed to consider relevant matters; exhibit 2 showed consideration of the alleged conduct, evidence, legal issues and the defendant's religious-belief explanation, and...

Court Disposition

The defendant's jurisdictional challenge was rejected; the proceedings were held to have been validly commenced and the Local Court held that it had jurisdiction to hear them.

Orders

  • ['The proceedings were validly commenced and the Local Court accordingly has jurisdiction to hear the proceedings.']