Fleet v District Court of NSW & Ors

[1999] NSWCA 363

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Procedural fairness
3. › Criminal proceedings
4. › Refusal to entertain application to state a case
5. › Exclusion of defence evidence
6. › Whether denial of procedural fairness
7. › Criminal Appeal Act 1912 (NSW), s 5B
1. Criminal Law
2. › Elements of offence
3. › Aggravated cruelty to animals
4. › Whether findings addressed statutory elements
5. › Constructive failure to exercise jurisdiction
6. › Prevention of Cruelty to Animals Act 1979 (NSW), ss 4(2), 4(3), 5(3), 6(1)
1. Criminal Law
2. › Elements of offence
3. › Failure to provide name and address
4. › Whether requirement validly made
5. › Whether evidence sufficient to sustain charge
6. › Prevention of Cruelty to Animals Act 1979 (NSW), s 27A
1. Practice and Procedure
2. › Abuse of process
3. › Stay of proceedings
4. › Criminal charge doomed to fail on evidence
5. › Whether continuation of proceedings an abuse of process

Quick Take

The rule in Browne v Dunn does not operate as an absolute bar to leading evidence in contradiction of an opponent's case where the opponent's witnesses were not cross-examined on the relevant point; it is a misunderstanding of the rule to treat it as such. A criminal charge that is doomed to fail on the evidence may be stayed as an abuse of process. A court that makes findings bearing no direct relationship to the statutory elements of an offence constructively fails to exercise its jurisdiction. The elements of the offence under s27A of the Prevention of Cruelty to Animals Act 1979 (NSW) require that the requirement be made by the officer who is the informant, that the officer give the required warning, and that the requirement be reasonable in the circumstances.