Carly Anne Coles v Director of Public Prosecutions [2022] NSWSC 960

Carly Anne Coles v Director of Public Prosecutions [2022] NSWSC 960

The Magistrate did not undertake the mandatory inquiry required by s 95(4) of the Criminal Procedure Act 1986 (NSW) to ascertain whether the plaintiff pleaded guilty or not guilty before committing her for trial. That failure was an error involving a question of law alone and potentially deprived the plaintiff of the maximum guilty plea sentencing discount available if pleas were entered in the Local Court. In the circumstances, an extension of time and leave to appeal were warranted, and the committal order had to be set aside and the matter remitted to the Local Court for committal according to law.

Jurisdiction
Australia
Judgment Date
19 July 2022
Procedural Posture
Application for Extension of Time and Leave to Appeal From a Local Court Committal Order / Leave to Appeal and Appeal Determined in the Supreme Court of New South Wales
Outcome
Extension of time granted, leave to appeal granted, appeal allowed, Local Court committal order set aside, matter remitted to the Local Court, and no order as to costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'committal Proceedings' 'failure to Ascertain Plea' 'question of Law Alone' 'sentencing Discount for Guilty Plea']
['criminal Law' 'criminal Procedure' 'appeals'] ['extension of Time' 'leave to Appeal' 'committal Proceedings' 'failure to Ascertain Plea' 'question of Law Alone' 'sentencing Discount for Guilty Plea']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal From a Local Court Committal Order / Leave to Appeal and Appeal Determined in the Supreme Court of New South Wales

Legal Issues

  1. 1 ['Whether time should be extended to file the summons for leave to appeal.' 'Whether leave to appeal should be granted against the Local Court order committing the plaintiff to trial.' 'Whether the Magistrate erred in law by committing the plaintiff for trial without ascertaining whether she pleaded guilty or not guilty as required by s 95(4) of the Criminal Procedure Act 1986 (NSW).' 'Whether the Local Court committal order should be set aside and the matter remitted for committal according to law.']

Ratio Decidendi

The Magistrate did not undertake the mandatory inquiry required by s 95(4) of the Criminal Procedure Act 1986 (NSW) to ascertain whether the plaintiff pleaded guilty or not guilty before committing her for trial. That failure was an error involving a question of law alone and potentially deprived the plaintiff of the maximum guilty plea sentencing discount available if pleas were entered in the Local Court. In the circumstances, an extension of time and leave to appeal were warranted, and the committal order had to be set aside and the matter remitted to the Local Court for committal according to law.

Court Disposition

Extension of time granted, leave to appeal granted, appeal allowed, Local Court committal order set aside, matter remitted to the Local Court, and no order as to costs.

Orders

  • ['The plaintiff was granted an extension of time under Part 51B Rule 5(5) of the Supreme Court Rules 1970 (NSW) to file the summons in this matter.' 'The plaintiff was granted leave under s 54(1) of the Crimes (Appeal and Review) Act 2001 (NSW) to appeal against the order of Magistrate Trad made in the Local Court...