Mitchel Yearley brought an application for certiorari to quash his committal to stand trial on one count of aggravated assault, arguing that the preliminary hearing judge exceeded jurisdiction due to insufficient evidence on identity and denied natural justice by not allowing submissions on committal.
The court found that the preliminary hearing judge committed jurisdictional error by failing to provide sufficient reasons for committal and that the in-dock identification alone was insufficient evidence for committal.
The application was granted, and the committal order was quashed.
