Evidence presented in summary form at a paper committal retains its full force and effect for the purposes of ss 41 and 110 of the Justices Act 1902 (NSW); a defendant cannot narrow the scope of the committal inquiry through concessions. The effect of a judgment is not a matter for concession, and an appellant is not bound by counsel's erroneous concession below as to the effect of a court decision. Where the Court of Appeal allows an appeal from a decision quashing a committal but the evidence does not clearly support the specific charge formulated, the Court should remit the matter to the magistrate under s 110(2)(b) rather than settle the indictment itself under s 110(2)(a).
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