DPP v Ridley

[2015] NSWSC 1478

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Criminal Law
2. › appeal from Local Court to Supreme Court pursuant to Crimes (Appeal and Review) Act 2001 (NSW), s 56
3. › defendant charged with offence of driving vehicle under the influence of alcohol
4. › Local Court Magistrate failed to conduct proceedings in accordance with s 202 of the Criminal Procedure Act 1986 (NSW)
5. › Magistrate dismissed the charge at the conclusion of the voir dire without determining whether a no case submission was made or conducting a hearing
1. Courts and Judges
2. › natural justice
3. › procedural fairness
4. › Magistrate excluded evidence without identifying the evidence or the basis for exclusion
5. › Magistrate failed to provide adequate reasons for excluding evidence or for dismissing proceedings
6. › Magistrate erred in excluding all evidence including that to which no objection was taken
7. › appeal allowed
8. › matter remitted to Local Court
1. Legal Practitioners
2. › obligations of counsel on a voir dire to specify objections with precision, both as to the portion of the evidence and the basis for the objection