Director of Public Prosecutions (NSW) v Jones [2004] NSWCA 188

Director of Public Prosecutions (NSW) v Jones [2004] NSWCA 188

For the reasons expressed in Scheibel, there was no right of appeal to the District Court from Bone LCM's refusal of the first opponent's s 100D application to annul the convictions. The District Court's order allowing that appeal and remitting the matter to the Magistrate was therefore made without jurisdiction and had to be quashed; the only available course in the District Court was to consider the applications for leave to appeal out of time and, if appropriate, any appeal against the convictions and sentences.

Jurisdiction
Australia
Judgment Date
18 June 2004
Procedural Posture
Summons Seeking Prerogative and Declaratory Relief, With Cross Claim for Mandamus / Judgment in the NSW Court of Appeal
Outcome
Orders of the District Court quashed; cross-claim dismissed; proceedings remitted to the District Court for determination according to law.
Legal Topics
['jurisdictional Error' 'appeal Rights From Local Court to District Court' 'application to Annul Conviction' 'prerogative Relief' 'mandamus']
['criminal Procedure' 'administrative Law'] ['jurisdictional Error' 'appeal Rights From Local Court to District Court' 'application to Annul Conviction' 'prerogative Relief' 'mandamus']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Summons Seeking Prerogative and Declaratory Relief, With Cross Claim for Mandamus / Judgment in the NSW Court of Appeal

Legal Issues

  1. 1 ["Whether there is a right of appeal to the District Court against a magistrate's refusal of an application under Part 4A of the Justices Act 1902 (NSW) to annul a conviction or sentence." 'Whether the District Court had jurisdiction to allow an appeal against the refusal of an application under s 100D of the Justices Act.' "Whether the first opponent's cross-claim for an order in the nature of mandamus requiring the Local Court to conduct a summary hearing should be granted."]

Ratio Decidendi

For the reasons expressed in Scheibel, there was no right of appeal to the District Court from Bone LCM's refusal of the first opponent's s 100D application to annul the convictions. The District Court's order allowing that appeal and remitting the matter to the Magistrate was therefore made without jurisdiction and had to be quashed; the only available course in the District Court was to consider the applications for leave to appeal out of time and, if appropriate, any appeal against the convictions and sentences.

Court Disposition

Orders of the District Court quashed; cross-claim dismissed; proceedings remitted to the District Court for determination according to law.

Orders

  • ['The orders made by Blanch J on 28 July 2003 allowing an appeal to the District Court against the refusal of the application to annul the conviction recorded by Bone LCM against Geoffrey Craig Jones is quashed.' 'The cross-claim of the first opponent is dismissed.' 'The proceedings are to be remitted to the...