Seeto v R; Evans v R [2008] NSWCCA 227

Seeto v R; Evans v R [2008] NSWCCA 227

Section 200(3) of the Police Act 1990 did not become a restrictive two-year limitation period for indictable prosecutions when s 200(4) was introduced in 1996. In its statutory and legislative context, s 200(3) remained facultative, permitting summary proceedings for s 200 offences within two years, while offences prosecuted on indictment were not subject to that two-year limit. Because the relevant charges were prosecuted on indictment in the District Court, they were not statute barred.

Jurisdiction
Australia
Judgment Date
02 October 2008
Procedural Posture
Criminal Appeal / Applications for Leave to Appeal; Appeals Against Conviction
Outcome
Leave to appeal was granted to each applicant, but each appeal was dismissed.
Legal Topics
['whether Proceedings Were Statute Barred' 'police Bribery and Corruption Offences' 'construction of Limitation Provisions' 'use of Legislative History and Second Reading Speeches']
['criminal Law' 'statutory Interpretation'] ['whether Proceedings Were Statute Barred' 'police Bribery and Corruption Offences' 'construction of Limitation Provisions' 'use of Legislative History and Second Reading Speeches']

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Procedural Posture

Criminal Appeal / Applications for Leave to Appeal; Appeals Against Conviction

Legal Issues

  1. 1 ['Whether proceedings for offences contrary to s 200 of the Police Act 1990 committed more than two years before the commencement of proceedings were statute barred by s 200(3).' 'Whether s 200(3) of the Police Act 1990 remained facultative after the 1996 amendments or became a restrictive limitation period applying to indictable prosecutions.' "Whether extrinsic materials, including Second Reading Speeches, supported the appellants' construction of s 200(3)."]

Ratio Decidendi

Section 200(3) of the Police Act 1990 did not become a restrictive two-year limitation period for indictable prosecutions when s 200(4) was introduced in 1996. In its statutory and legislative context, s 200(3) remained facultative, permitting summary proceedings for s 200 offences within two years, while offences prosecuted on indictment were not subject to that two-year limit. Because the relevant charges were prosecuted on indictment in the District Court, they were not statute barred.

Court Disposition

Leave to appeal was granted to each applicant, but each appeal was dismissed.

Orders

  • ['Leave to appeal to Janice Seeto be granted, but the appeal be dismissed.' 'Leave to appeal to Stephen Richard Evans be granted, but the appeal be dismissed.']