Rodgers v Simpson

[2001] WASCA 223

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Private prosecution
3. › Private complaint
4. › Perjury
5. › Whether leave of Supreme Court required before complaint heard in petty sessions
6. › Criminal Code (WA), s 720
1. Criminal Law
2. › Procedure
3. › Committal proceedings
4. › Indictable offences
5. › Requirement for committal before s 720 leave applies
6. › Criminal Code (WA), s 720
1. Appeal
2. › Appeal from Magistrate
3. › Error of law
4. › Dismissal of complaint on erroneous statutory basis
5. › Justices Act 1902 (WA), s 45

Quick Take

Section 720 of the Criminal Code (WA), requiring leave of the Supreme Court to present an information for an indictable offence, does not apply at the stage of a private complaint being heard in a court of petty sessions. The requirement for leave arises only after committal for trial or upon direct application to the Supreme Court by motion.

Case Details

Citation[2001] WASCA 223

CourtWASCA

JurisdictionWestern Australia

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Cited by2

2002Attorney General v HunterWASC 189
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