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  • Rspca - Private Prosecution Case Against Peter Wright Dismissed

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    Media reports indicate that a private citizen had initiated proceedings against the NSW President of the RSPCA, Peter Wright. The court attendance notice must first be signed by a registrar and the registrar cannot sign the notice if it does not disclose the grounds for the proceedings.

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    Media reports indicate that a private citizen had initiated proceedings against the NSW President of the RSPCA, Peter Wright. The court attendance notice must first be signed by a registrar and the registrar cannot sign the notice if it does not disclose the grounds for the proceedings.

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    Attribution Non-Commercial (BY-NC)
    Descărcați ca DOC, PDF, TXT sau citiți online pe Scribd
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    11 vizualizări1 pagină

    Rspca - Private Prosecution Case Against Peter Wright Dismissed

    Încărcat de

    api-209140573
    Media reports indicate that a private citizen had initiated proceedings against the NSW President of the RSPCA, Peter Wright. The court attendance notice must first be signed by a registrar and the registrar cannot sign the notice if it does not disclose the grounds for the proceedings.

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    Attribution Non-Commercial (BY-NC)
    Descărcați ca DOC, PDF, TXT sau citiți online pe Scribd
    Indicator pentru conținut neadecvat
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    http://www.streetoncriminallawyers.com.

    au/court-dismisses-rspca-private-prosecution/ From blog of Streeton lawyers, NSW, free consult 24/7 on click button on site, or call 02 9025 9888 Have a comment or tip? Write to info@streetonlawyers.com.au COURT DISMISSES PRIVATE PROSECUTION OF RSPCAS DR.PETER WRIGHT, VETERINARIAN Posted by justin.wong on 20 December 2011 A Magistrate yesterday dismissed proceedings against the NSW President of the RSPCA, Peter Wright, alleging animal cruelty. Media reports indicate that a private citizen had initiated proceedings against Mr Wright. PRIVATE PROSECUTIONS IN NSW Any person in NSW can potentially bring a private prosecution against another for a criminal offence. Sections 14 and 49 of the Criminal Procedure Act 1986 provides for the commencement of private prosecutions. However there are some important restrictions. 1. The court attendance notice must first be signed by a registrar and the registrar cannot sign the notice if a) the notice does not disclose the grounds for the proceedings; b) it is not in the form required; or c) the rules provide that it should not be issued. 2. The Local Court Rules provide that a registrar must not sign a court attendance notice for a private prosecution if they believe the proceedings are frivolous, vexatious, without substance or have no reasonable prospects of success. In Mr Wrights case, there was another important restriction. Under s.34AA of the Prevention of Cruelty to Animals Act 1979, proceedings for an offence under that Act can only be instituted by a person with the written consent of the Minister of the Director General. It appears here that the consent had not be given. The Director of Public Prosecutions (DPP) also has the authority to take over any prosecution of a criminal offence initiated by a person other than the DPP. Section 9 of the DPP Act. This means that, in certain circumstances, the DPP could potentially take over and then terminate vexatious or frivolous prosecutions initiated by an individual. 0 comments / leave a comment Tags: none

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