Mok v. Director of Public Prosecutions (NSW)

Lower Court Judgment

17/04/2015 Supreme Court of New South Wales (Court of Appeal) (Meagher JA, Hoeben JA, Leeming JA)

[2015] NSWCA 98

Catchwords

Constitutional law – Commonwealth places – Service and Execution of Process Act 1992 (Cth) (‘Act’) s 89(4) – Where appellant pleaded guilty to a number of fraud offences in New South Wales – Where appellant failed to appear for sentencing – Where appellant was charged with unrelated offences in Victoria – Where appellant escaped custody whilst in an airport and was apprehended shortly after – Where appellant was charged with attempting to escape from lawful custody contrary to s 310D Crimes Act 1900 (NSW) – Whether when applying a criminal offence provision by virtue of s 89(4) of the Act is the prosecution relieved of the burden of proving all elements of the offence – Whether s 89(4) of the Act is an offence creating provision.

Short particulars