Mattner v Director of Public Prosecutions (Cth)

The applicant in this matter, Michelle Mattner, appealed against her conviction in the Magistrates Court of South Australia. She was found guilty of four counts of misuse of a carriage service contrary to s 474.17(1) of the Criminal Code Act 1995 (Cth). The central issue in this case was whether the applicant had properly consented to the summary determination of the indictable offences under s 4J of the Crimes Act 1914 (Cth), and whether this was consistent with her constitutional right to trial by jury under s 80 of the Constitution.

The court examined whether the applicant, who was unrepresented during the trial, had made an informed choice about consenting to the summary determination. The court found that there was no evidence that the applicant had made such a choice, and therefore, she was effectively deprived of her right to a trial by jury. Furthermore, the court noted that the constitutional validity of s 4J of the Crimes Act 1914 (Cth) had already been settled by the High Court, and that the applicant's indictable offences did not proceed to trial by indictment.

The court allowed the applicant to withdraw the notice of discontinuance of her appeal and granted an extension of time to file further grounds of appeal. The appeal was allowed on the ground that the applicant was effectively deprived of her right to trial by jury. The court held that the applicant's constitutional rights had been infringed and that there was no substantial delay in applying for the withdrawal of the notice of discontinuance. The court's decision highlights the importance of ensuring that a defendant is fully informed of their rights and the consequences of consenting to a summary determination.