Sections 110 and 111 of the Justices Act 1928 (NT) are mandatory requirements that must be complied with at committal proceedings. Failure by the magistrate to inform the defendant of the right to give evidence and to ask whether the defendant wishes to call witnesses renders the committal a nullity, regardless of whether counsel drew the magistrate's attention to the provisions or acquiesced in the omission. An indictment founded on a void committal will be permanently stayed.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
4 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.