Director of Public Prosecutions v Batich

The Director of Public Prosecutions sought judicial review of a decision by the County Court to transfer an indictable criminal proceeding to the Magistrates’ Court. The defendant, Batich, had pleaded guilty to a charge of causing serious injury recklessly, known colloquially as ‘glassing’. The case was before the Court of Appeal of the Supreme Court of Victoria. The central issue before the court was whether the County Court judge had committed a jurisdictional error in transferring the proceeding to the Magistrates’ Court, and whether this decision was made for an improper purpose or took into account irrelevant considerations.

The court found that the County Court judge had not committed a jurisdictional error. The decision to transfer the proceeding was based on the judge’s consideration of the appropriate sentence that could be imposed. The judge noted that the Magistrates’ Court had jurisdiction to suspend a sentence of imprisonment, while the County Court did not, and concluded that the Magistrates’ Court was better suited to impose an appropriate sentence. The court held that it was open to the judge to consider the sentencing powers of the Magistrates’ Court and that this was a relevant consideration. The judge did not fail to exercise jurisdiction to sentence the offender or act in accordance with the fundamental principle of equal justice.

The court further held that the transfer decision was not made for an improper purpose and that the judge had correctly exercised their discretion under the Criminal Procedure Act 2009. The court noted that the Magistrates’ Court could not impose a sentence of imprisonment of more than two years, but it was open to the judge to conclude that this was an appropriate sentence for a young first-offender. The court found that the judge had not failed to act in accordance with the applicable sentencing principles or current sentencing practices. The application for judicial review was dismissed.

The final orders of the court were that the application for certiorari and mandamus be dismissed, and that the County Court’s decision to transfer the proceeding be upheld. The court did not make any orders as to costs.