Director of Public Prosecutions v Kuo [1999] NSWSC 1201

Director of Public Prosecutions v Kuo [1999] NSWSC 1201

The magistrate misdirected herself by construing "menaces" too narrowly and by not accepting that a threat to property might constitute a menace. Because there was evidence capable of amounting to a threat to Mr Macchi's property, the magistrate was required to determine as a fact whether that threat came within s 99 of the Crimes Act 1900.

Jurisdiction
Australia
Judgment Date
10 December 1999
Procedural Posture
Appeal From Magistrate Dismissing an Information Against the Defendant on a Question of Law Only / Appeal Under S 104(2) of the Justices Act 1902 From the Children's Court, Glebe
Outcome
Appeal allowed; the magistrate's order dismissing the information was quashed and the matter was remitted.
Legal Topics
['demanding Money With Menaces' 'meaning of Menaces' 'threat to Property' 'appeal on Question of Law']
['criminal Law' 'criminal Procedure' 'appeals'] ['demanding Money With Menaces' 'meaning of Menaces' 'threat to Property' 'appeal on Question of Law']

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Procedural Posture

Appeal From Magistrate Dismissing an Information Against the Defendant on a Question of Law Only / Appeal Under S 104(2) of the Justices Act 1902 From the Children's Court, Glebe

Legal Issues

  1. 1 ['Whether the magistrate erred in law by construing "menaces" in s 99 of the Crimes Act 1900 as requiring a threat of harm other than a threat to property.' 'Whether a threat to steal or withhold the complainant\'s telephone was capable of amounting to "menaces" under s 99 of the Crimes Act 1900.']

Ratio Decidendi

The magistrate misdirected herself by construing "menaces" too narrowly and by not accepting that a threat to property might constitute a menace. Because there was evidence capable of amounting to a threat to Mr Macchi's property, the magistrate was required to determine as a fact whether that threat came within s 99 of the Crimes Act 1900.

Court Disposition

Appeal allowed; the magistrate's order dismissing the information was quashed and the matter was remitted.

Orders

  • ['The order of the magistrate dismissing the information against the defendant is quashed;' 'The matter is remitted to the magistrate to hear and determine it in accordance with these conclusions.']