Moore v Commonwealth Director of Public Prosecutions

[2023] NSWCA 153

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Leave to appeal
3. › Summary dismissal
4. › Whether proposed grounds of appeal have sufficient prospects to warrant grant of leave
5. › Supreme Court Act 1970 (NSW), s 101(2)(l)
1. Constitutional Law (Cth)
2. › Federal jurisdiction
3. › Conferral of federal jurisdiction on State courts
4. › Combined operation of Judiciary Act 1903 (Cth), s 39B(1) and Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), s 4(1)
5. › Whether Supreme Court had jurisdiction over proceedings against Commonwealth officer
6. › Whether matter was 'criminal matter' within s 39B(1A)(c)
7. › Whether ss 39B(1B) or (1C) displaced jurisdiction
1. Administrative Law
2. › Judicial review
3. › Prosecutorial discretion
4. › Whether ADJR Act conferred jurisdiction to review CDPP's decision to discontinue prosecution
5. › Whether decision to decline to prosecute is a 'decision to prosecute' within Sch 1 para (xa) of ADJR Act
6. › Administrative Decisions (Judicial Review) Act 1977 (Cth), Sch 1 para (xa)
1. Constitutional Law (Cth)
2. › Federal jurisdiction
3. › Special federal matter
4. › Whether non-compliance with s 6 requirements of Cross-vesting Act invalidated primary judge's decision
5. › Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), ss 6(3), 6(4), 6(9)

Quick Take

Judicial review of CDPP decisions to discontinue private prosecutions is not available under the ADJR Act, as such decisions fall within the 'decisions to prosecute' excluded by Schedule 1 paragraph (xa), but jurisdiction may be available via section 39B(1) of the Judiciary Act cross-vested to the Supreme Court.