Saad v Cwth Director of Public Prosecutions

The applicants, Mr. and Mrs. Saad, sought judicial review of a decision by the Commonwealth Director of Public Prosecutions (CDPP) to prosecute them for offences under the *Crimes Act 1914* (Cth). The proceedings were heard in the High Court of Australia.

The central legal issue before the High Court was whether the CDPP had acted unlawfully or unreasonably in deciding to prosecute the Saads, specifically concerning the proper construction and application of the Director's prosecutorial discretion. The applicants contended that the CDPP's decision was vitiated by an error of law, arguing that the Director had failed to properly consider relevant factors and had taken into account irrelevant considerations in reaching their decision.

The Court considered the principles governing the exercise of prosecutorial discretion, noting that while the Director has a broad discretion, this discretion is not unfettered and must be exercised according to law. The Court examined the evidence presented regarding the CDPP's decision-making process, including the material considered and the reasons provided. Ultimately, the High Court found that the CDPP had not acted unlawfully or unreasonably in its decision to prosecute. The Court concluded that the Director had properly exercised their discretion, taking into account the relevant considerations and applying the correct legal principles.