Director of Public Prosecutions (NSW) v Swindell [2018] NSWSC 1468

Director of Public Prosecutions (NSW) v Swindell [2018] NSWSC 1468

The Local Court had no jurisdiction to annul the conviction or sentence imposed on 23 June 2017 because the statutory preconditions in s 4 of the Crimes (Appeal and Review) Act 2001 were not satisfied. The conviction and sentence were imposed upon a misapprehension by the Magistrate as to available powers and without proper procedure or provision of natural justice. The orders purporting to annul, convict, and sentence are all vitiated by legal error and must be quashed; proceedings are to be remitted to the Local Court to be dealt with according to law.

Jurisdiction
Australia
Judgment Date
02 October 2018
Procedural Posture
Appeal (procedural Review) / Decision After Hearing of Appeal and Cross Summons
Outcome
Orders of Magistrate Hayes on 23 June 2017 quashed; matter remitted to Local Court; each party to bear their own costs.
Legal Topics
['jurisdictional Error' 'annulment of Conviction' 'sentence' 'natural Justice' 'procedural Fairness']
['criminal Law' 'administrative Law'] ['jurisdictional Error' 'annulment of Conviction' 'sentence' 'natural Justice' 'procedural Fairness']

Case Brief

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Procedural Posture

Appeal (procedural Review) / Decision After Hearing of Appeal and Cross Summons

Legal Issues

  1. 1 ['Whether the Local Court had jurisdiction to annul the conviction and sentence imposed on 23 June 2017 under s 4 of the Crimes (Appeal and Review) Act 2001' 'Whether the conviction and sentence proceedings were affected by jurisdictional error and denial of natural justice']

Ratio Decidendi

The Local Court had no jurisdiction to annul the conviction or sentence imposed on 23 June 2017 because the statutory preconditions in s 4 of the Crimes (Appeal and Review) Act 2001 were not satisfied. The conviction and sentence were imposed upon a misapprehension by the Magistrate as to available powers and without proper procedure or provision of natural justice. The orders purporting to annul, convict, and sentence are all vitiated by legal error and must be quashed; proceedings are to be remitted to the Local Court to be dealt with according to law.

Court Disposition

Orders of Magistrate Hayes on 23 June 2017 quashed; matter remitted to Local Court; each party to bear their own costs.

Orders

  • ["The order annulling the first defendant's conviction is quashed." "The order annulling the first defendant's disqualification periods and good behaviour bond is quashed." 'The entry of convictions, sentences, and penalties imposed by Magistrate Hayes are quashed.' 'Proceedings for the relevant offences are...