Heinrich v Curtis

In the matter of Heinrich v Curtis, the appellant, Dr Christopher Dean Heinrich, appealed against a decision of a Magistrate concerning charges on indictment, which had not yet been determined to be tried summarily. The charges related to driving a motor vehicle while having more than the prescribed concentration of alcohol in his blood, falsifying a document, and attempting to pervert the course of justice. The appellant argued that the Chief Magistrate had no power to allow the withdrawal of the Complaint, that the Information was invalid, and that the Chief Magistrate had no power to amend the Information as he did. The court was required to decide whether the appeal was competent, whether the Magistrate's reasons for the decision were sufficient, and if the Magistrate was obliged to provide reasons for his decision.

The court held that the appeal was incompetent as it was against a decision of a Magistrate in respect of charges on indictment before the determination of whether the offences would be tried summarily. The court found that as no appeal lies from the decision, the Magistrate was not obliged to give reasons for his decision. The court found that the Chief Magistrate had the power to allow the withdrawal of the Complaint, to amend the Information, and to dismiss the charge of attempting to pervert the course of justice. The court found that the Information was valid and that the Chief Magistrate's reasons for his decision were sufficient.

The appeal was dismissed, and the notice of appeal was struck out. The court refused leave to serve a summons for judicial review and the applications for declarations and injunctions. The court held that the Chief Magistrate had the power to make the orders he did, and that the appellant's arguments were without merit. The court found that the Information was valid and that the Chief Magistrate's reasons for his decision were sufficient.