Director of Public Prosecutions v Thompson

The Director of Public Prosecutions appealed to the New South Wales Court of Appeal against a decision of the District Court which had quashed an indictment against the respondent, Thompson. The indictment alleged that Thompson had committed the offence of conspiracy to pervert the course of justice. The central dispute concerned whether the evidence presented at the committal hearing was sufficient to establish a prima facie case against Thompson, thereby justifying his committal for trial.

The Court of Appeal was required to determine whether the evidence, when viewed in its most favourable light to the prosecution, was capable of establishing the essential elements of the offence of conspiracy to pervert the course of justice. Specifically, the court had to consider whether there was sufficient evidence to infer an agreement between Thompson and at least one other person to do an act which would, if carried out, amount to a perversion of the course of justice.

In its reasoning, the Court of Appeal applied the principles governing the sufficiency of evidence for committal proceedings. The court held that the evidence presented at the committal hearing, which included intercepted telephone conversations and other circumstantial material, was capable of supporting an inference of an agreement. The court emphasised that at the committal stage, it is not necessary for the prosecution to prove guilt beyond reasonable doubt, but merely to show that there is a prima facie case. The court found that the evidence was capable of establishing that Thompson and another individual had agreed to take steps that would obstruct or pervert the course of justice.

The Court of Appeal allowed the appeal, quashed the order of the District Court, and remitted the matter to the District Court with a direction that the indictment be presented.