McKENZIE and Another v MAGISTRATES’ COURT OF VICTORIA and Another

39 VR 311·Harper, Tate and Coghlan JJA
39 VR 311
39 VR 311
McKENZIE and Another v MAGISTRATES’ COURT OF VICTORIA and Another Court of Appeal Harper, Tate and Coghlan JJA 8 March, 18 April 2013 [2013] VSCA 81 Courts and judgesMagistrates’ CourtCommittal proceedingsExecutive functionStay applicationWitness summonsWhether power to dismiss charges in interests of justiceCriminal Procedure Act 2009 (No 7) s 141(4)Criminal Code Act 1995 (Cth) s 11.5(6)..

Section 141(4) of the Criminal Procedure Act 2009 (“the Act”) provided that, at the conclusion of the evidence and submissions, the magistrate presiding at a committal hearing was required to adopt one of three courses of action: discharge the accused, commit the accused for trial on the charges brought, or adjourn the committal to enable the informant to lay further charges for another indictable offence and then commit the accused for that offence.

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