Re Section 720 Criminal Code (WA)

Dr Michael, the applicant, sought leave from the Supreme Court to present an information against Mr Maughan, the respondent, for the offence of assault occasioning bodily harm. The application was made pursuant to section 720 of the Criminal Code (WA). The Court heard the matter ex parte. The Court considered the relevant legal issues, including whether Dr Michael had satisfied the criteria for granting leave under section 720 of the Criminal Code. The Court found that the decision to prosecute should typically be left to the Director of Public Prosecutions, who would consider all relevant factors, including the public interest. The Court also noted the potential for bias and conflict of interest in this case due to the long-standing neighbourhood dispute between the parties. The Court concluded that the application did not meet the exceptional circumstances required for a private prosecution. Consequently, the Court dismissed the application and refused leave to present the information.