Dougherty, Terrence Anthony v Coate, Jennifer Ann & Anor Erskine, Donald James v Coate, Jennifer Ann & Anor [1995] FCA 1076

Dougherty, Terrence Anthony v Coate, Jennifer Ann & Anor Erskine, Donald James v Coate, Jennifer Ann & Anor [1995] FCA 1076

The Court was convinced that, even if error of law in the Magistrate's reasoning could be demonstrated, review would require a minute examination of the evidence and would improperly fragment the criminal process at this stage; the discretion would therefore be exercised against review and the proceedings were dismissed.

Jurisdiction
Australia
Judgment Date
14 December 1995
Procedural Posture
Judicial Review Under the Administrative Decisions (judicial Review) Act / Proceedings Dismissed Pursuant to Order 20, Rule 2(b)
Outcome
Proceedings dismissed.
Legal Topics
['judicial Review' "magistrate's Reasoning" 'fragmentation of Criminal Process' 'error of Law']
['administrative Law' 'criminal Procedure'] ['judicial Review' "magistrate's Reasoning" 'fragmentation of Criminal Process' 'error of Law']

Case Brief

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Procedural Posture

Judicial Review Under the Administrative Decisions (judicial Review) Act / Proceedings Dismissed Pursuant to Order 20, Rule 2(b)

Legal Issues

  1. 1 ["Whether the Court should exercise its discretion to review the Magistrate's reasoning at this stage of the criminal process." "Whether alleged error of law in the Magistrate's reasoning would require examination of the whole evidence and relevant law."]

Ratio Decidendi

The Court was convinced that, even if error of law in the Magistrate's reasoning could be demonstrated, review would require a minute examination of the evidence and would improperly fragment the criminal process at this stage; the discretion would therefore be exercised against review and the proceedings were dismissed.

Court Disposition

Proceedings dismissed.

Orders

  • ["In each case the proceeding be, pursuant to Order 20, Rule 2(b) of the court's rules, dismissed."]