Juvenile Admissions to Support Person: JB v R [2012] – NSWCCA 12 Admissions were made by JB to a support person these were – admissible, and the support person’s relationship with the juvenile is not a protected relationship. The admission of the evidence was not unfair within s.90 EA. Juvenile Admissions Not Recorded: CL v DPP [2011] – NSWSC 943 CL charged with Aggravated BE&S and prosecution relied on admissions recorded in a Police notebook. The Magistrate erred in admitting evidence of the admissions when they did not comply with s281 of the CPA this section requires that admissions be – tape recorded for indictable offences than an indictable “other offence that can be dealt with summarily without the consent” of the accused. The Magistrate erred in holding that s281 only applied to offences dealt with on indictment. The Judiciary: Judicial Decisions Hearings: the need to give – adequate reasons: DPP v Abouali [2011] NSWSC 110 Failure to give adequate reasons for its findings constitutes an error of law. Red light case Magistrate did not identify which – of the elements” was missing. “essential Insufficient attention given to the construction of r.56 of the Road Rules. DPP v Elskaf [2012] NSWSC 21 Red light case Magistrate found no Prima Facie – case found that her finding that Witness – evidence is unreliable without analysis does not discharge judicial obligation to give reasons. DPP v Wililo and Anor [2012] NSWSC 713 In dismissing the charge of assault the Magistrate failed to: To distinguish between prima facie case and whether, as a question of fact, the charge had been proven; Make any (or coherent) findings of fact; and Set out any legal principles including the elements of the offence charged, or to apply those principles to the facts of the case. Magistrates Decisions: compliance with the Doctrine of Precedent: DPP v Wililo & Anor, supra: Johnson J reiterated this principle when delivering his decision to justify remitting this matter for hearing in the
Juvenile Admissions – to Support Person: JB v R [2012] NSWCCA 12 Admissions were made by JB to a support person – these were admissible, and the support person’s relationship with the juvenile is not a protected relationship. The admission of the evidence was not unfair within s.90 EA. Juvenile Admissions – Not Recorded: CL v DPP [2011] NSWSC 943 CL charged with Aggravated BE&S and prosecution relied on admissions recorded in a Police notebook. The Magistrate erred in admitting evidence of the admissions when they did not comply with s281 of the CPA – this section requires that admissions be tape recorded for indictable offences “other than an indictable offence that can be dealt with summarily without the consent” of the accused. The Magistrate erred in holding that s281 only applied to offences dealt with on indictment. The Judiciary: Judicial Decisions – Hearings: the need to give adequate reasons: DPP v Abouali [2011] NSWSC 110 Failure to give adequate reasons for its findings constitutes an error of law. Red light case – Magistrate did not identify which of the “essential elements” was missing. Insufficient attention given to the construction of r.56 of the Road Rules. DPP v Elskaf [2012] NSWSC 21 Red light case – Magistrate found no Prima Facie case – found that her finding that Witness evidence is unreliable without analysis does not discharge judicial obligation to give reasons. DPP v Wililo and Anor [2012] NSWSC 713 In dismissing the charge of assault the Magistrate failed to: To distinguish between prima facie case and whether, as a question of fact, the charge had been proven; Make any (or coherent) findings of fact; and Set out any legal principles including the elements of the offence charged, or to apply those principles to the facts of the case. Magistrates Decisions: compliance with the Doctrine of Precedent: DPP v Wililo & Anor, supra: Johnson J reiterated this principle when delivering his decision to justify remitting this matter for hearing in the
Recent-Decisions-Relevant-To-The-Local-Court.docx