SASTERAWAN v MORRIS [2007] NSWCCA 185

SASTERAWAN v MORRIS [2007] NSWCCA 185

Police and public officers are not excluded from 'person' in s 14 Criminal Procedure Act 1986 (NSW); thus, any person including a public officer may commence proceedings for an offence under s 178BB Crimes Act 1900 (NSW). The District Court's appellate jurisdiction was properly invoked by the court attendance notice issued by a public officer, and the mere circumscription of the charge’s particulars did not deprive the District Court of jurisdiction.

Parties
Appellant: Wahyu Sasterawan; Respondent: Judith Morris
Jurisdiction
Australia
Judgment Date
28 June 2007
Procedural Posture
Criminal Appeal / Application for Extension of Time and Case Stated to Court of Criminal Appeal
Outcome
Extension of time granted; questions of law answered; no error identified in the conduct of the District Court.
Legal Topics
Authority to Commence Criminal Proceedings, Jurisdiction of Local Court and District Court, Formulation of Case Stated, Extension of Time, Variation and Amendment of Charge, Criminal Appeals Process
Criminal Law Criminal Procedure Authority to Commence Criminal Proceedings Jurisdiction of Local Court and District Court Formulation of Case Stated Extension of Time Variation and Amendment of Charge Criminal Appeals Process

Case Brief

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Parties

Wahyu Sasterawan

Appellant

Judith Morris

Respondent

Procedural Posture

Criminal Appeal / Application for Extension of Time and Case Stated to Court of Criminal Appeal

Legal Issues

  1. 1 Whether an officer of the Ministry of Transport had authority to commence proceedings in the Local Court
  2. 2 Whether the District Court had jurisdiction to rehear the prosecution instituted by an officer of the Ministry of Transport
  3. 3 Whether the District Court erred in proceeding on charges differing from those before the Local Court

Ratio Decidendi

Police and public officers are not excluded from 'person' in s 14 Criminal Procedure Act 1986 (NSW); thus, any person including a public officer may commence proceedings for an offence under s 178BB Crimes Act 1900 (NSW). The District Court's appellate jurisdiction was properly invoked by the court attendance notice issued by a public officer, and the mere circumscription of the charge’s particulars did not deprive the District Court of jurisdiction.

Court Disposition

Extension of time granted; questions of law answered; no error identified in the conduct of the District Court.

Orders

  • Extend the time within which questions of law might be submitted to this Court until 16 March 2007.
  • Questions of law answered as follows: 1. The court attendance notice validly commenced proceedings in the Local Court, being issued by a public officer under s 173. 2. The District Court's jurisdiction was validly invoked by the notice issued by the public officer. 3. The District Court did not lack jurisdiction to...