By Thomas Spohr -
Key decisions
- Bradley Reyter v Director of Public Prosecutions (NSW) [2026] NSWSC 100
- R v Robertson; R v Westwood [2025] NSWCCA 235
Bradley Reyter v Director of Public Prosecutions (NSW) [2026] NSWSC 100
Local Court practice – indictable matters dealt with summarily – De Simoni principle
In this decision, a single judge of the Supreme Court determined that, when the facts of a Local Court matter disclose a strictly indictable offence, it is not deprived of jurisdiction. Where the only charges before the Local Court are to be dealt with in the Local Court, a magistrate has no choice but to deal with the matter summarily, albeit ignoring any facts which might disclose a more serious offence.
