Chen (Yan Ping) v Director of Public Prosecutions [2018] NSWSC 783

Chen (Yan Ping) v Director of Public Prosecutions [2018] NSWSC 783

A written notice issued to summon a witness under s 64 of the Crime Commission Act 2012 (NSW) and s 8 of the Royal Commissions Act 1923 (NSW) need not be personally signed by the Inspector if the Inspector has made the decision to summon the witness and directed or authorised another to send and sign the written notice; such notice is valid and there is no improper delegation or legal error if this process is followed. No error of law was found on the face of the Local Court record and no grounds were established for a stay, certiorari, or declaration.

Jurisdiction
Australia
Judgment Date
29 May 2018
Procedural Posture
Criminal/interlocutory Appeal / Application for Leave to Appeal From Interlocutory Order; Leave Granted; Appeal Dismissed
Outcome
Leave to appeal granted; appeal dismissed; costs ordered against plaintiff.
Legal Topics
['adjournment' 'stay of Proceedings' 'false Accusation' 'delegation of Statutory Power' 'validity of Summons' 'permanent Stay' 'certiorari' 'declaratory Relief']
['criminal Law' 'administrative Law' 'procedure'] ['adjournment' 'stay of Proceedings' 'false Accusation' 'delegation of Statutory Power' 'validity of Summons' 'permanent Stay' 'certiorari' 'declaratory Relief']

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Procedural Posture

Criminal/interlocutory Appeal / Application for Leave to Appeal From Interlocutory Order; Leave Granted; Appeal Dismissed

Legal Issues

  1. 1 ["Whether a notice to summons a witness pursuant to s 8 of the Royal Commissions Act 1923 (NSW), read with s 64 of the Crime Commission Act 2012 (NSW), must be personally signed by the Inspector or can be signed by a delegate at the Inspector's direction" 'Whether failure to personally sign such a notice invalidates it and/or constitutes an improper delegation' 'Whether any error of law existed on the face of the record justifying relief by way of certiorari or declaration' 'Whether a stay of criminal prosecution should be ordered on these bases']

Ratio Decidendi

A written notice issued to summon a witness under s 64 of the Crime Commission Act 2012 (NSW) and s 8 of the Royal Commissions Act 1923 (NSW) need not be personally signed by the Inspector if the Inspector has made the decision to summon the witness and directed or authorised another to send and sign the written notice; such notice is valid and there is no improper delegation or legal error if this process is followed. No error of law was found on the face of the Local Court record and no grounds were established for a stay, certiorari, or declaration.

Court Disposition

Leave to appeal granted; appeal dismissed; costs ordered against plaintiff.

Orders

  • ['Leave to appeal is granted pursuant to s 53(3)(b) of the Crimes (Appeal and Review) Act 2001 (NSW).' 'The appeal is dismissed and the further amended summons in all other respects is dismissed.' 'The plaintiff is to pay the costs of the first defendant.']