Haydon John Newman v Director of Public Prosecutions

[2007] NSWCA 84

New South Wales

Court of Appeal

CITATION:	Haydon John Newman v Director of Public Prosecutions [2007] NSWCA 84
HEARING DATE(S):	7 March 2007
JUDGMENT DATE:	18 April 2007
JUDGMENT OF:	Spigelman CJ at 1; Bell J at 1; Price J at 1
DECISION:	Proceedings dismissed with no order as to costs.
CATCHWORDS:	APPEAL – New South Wales - challenge to jurisdiction of the Court of Criminal Appeal – instituted as a precautionary measure
CASES CITED:	Newman v R [2007] NSWCCA 103
PARTIES:	Haydon John Newman (Appellant) Director of Public Prosecutions (Respondent)
FILE NUMBER(S):	CA 40122/07
COUNSEL:	M J Ierace; T Evers (Appellant) D Woodburne (Respondent)
SOLICITORS:	P McGhee, Intellectual Disability Rights Service (Appellant) S Kavanagh, Director of Public Prosecutions (Respondent)
LOWER COURT JURISDICTION:	District Court
LOWER COURT FILE NUMBER(S):	06/11/0076
LOWER COURT JUDICIAL OFFICER:	Nicholson DCJ
LOWER COURT DATE OF DECISION:	18 July 2006

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CA 40122/07

SPIGELMAN CJ
BELL J
PRICE J

Wednesday 18 April 2007

Haydon John NEWMAN v DIRECTOR OF PUBLIC PROSECUTIONS & ANOR

Judgment

1 THE COURT: These proceedings were instituted as a precautionary measure by reason of the challenge to the jurisdiction of the Court of Criminal Appeal in the case of Newman v Regina [2007] NSWCCA 103. As determined in those proceedings, the challenge to jurisdiction has been rejected.

2 On this basis these precautionary proceedings have proven to be unnecessary.

3 The order of the Court is that the proceedings should be dismissed with no order as to costs.

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