Recent Cases

Landrey v Director of Public Prosecutions (NSW) [2022] NSWCA 211 (21 October 2022) (Ward P at [1]; Simpson AJA at [2]; Basten AJA at [3])


Catchwords:


CONSTITUTIONAL LAW – criminal procedure – challenge to validity of State law governing committal proceedings – Kable doctrine – impairment of institutional integrity – independence, impartiality and fairness – what courts have traditionally done – whether administrative function is compatible with judicial functions – whether magistrate required to rubber-stamp executive decision

CRIMINAL PROCEDURE – committal proceedings –

Criminal Procedure Act 1986 (NSW), Ch 3, Pt 2 – case management – administrative process ancillary to judicial function – similar to procedures and powers of trial court – purpose to explore possibilities of guilty pleas and challenges to evidence of prosecution witnesses