Romero v Director of Public Prosecutions

The appeal was brought by Romero against the Director of Public Prosecutions. Romero was convicted of common assault by the Local Court and sought to appeal this decision. The central issue was whether the magistrate had jurisdiction to hear criminal proceedings concurrently with a civil application for an apprehended domestic violence order. Romero conceded that an error of law had occurred.

The court considered whether the magistrate had the authority to proceed with the criminal case while the civil application was pending. It was determined that the magistrate had indeed erred in assuming jurisdiction over the criminal matter in this context. Romero's concession of this jurisdictional error played a significant role in the court's decision. Under section 69 of the Supreme Court Act 1970 (NSW), when a party is denied a hearing according to law, the court may make any order it deems appropriate, including ordering the defendant to pay the plaintiff's costs.

Given Romero's concession of the jurisdictional error, the court ordered that Romero pay the costs of the appeal to the Director of Public Prosecutions. The court found that this was the appropriate remedy given the circumstances of the case, and Romero's early concession of error.