Criminal procedure – Crimes and offences by children - Jurisdiction - A child was charged with a "serious children's indictable offence" as well as lesser offences - The child's committal hearing was in the Children's Court of New South Wales, but the proceedings were remitted to the District Court because the Children's Court did not have jurisdiction to deal with the "serious children's indictable offence" - In the District Court the prosecutor did not proceed with the "serious children's indictable offence" - Whether the District Court was required to remit the proceedings back to the Children's Court for determination - Whether the District Court had jurisdiction to deal with charges against a child not involving a "serious children's indictable offence".
Criminal procedure – Crimes and offences by children - Powers of the New South Wales Director of Public Prosecutions with respect to filing an indictment against a child.
Words and phrases – "serious children's indictable offence".
Criminal Procedure Act 1986 (NSW) – s 8.
Children (Criminal Proceedings) Act 1987 (NSW) – ss 7, 8, 26, 28, 31, 44.
Judgment date
Case number
S217/2007
Before
Gleeson CJ, Kirby, Hayne, Heydon, Crennan JJ
Catchwords