Stoneham v Director of Public Prosecutions (NSW) [2021] NSWSC 735

Stoneham v Director of Public Prosecutions (NSW) [2021] NSWSC 735

The Magistrate's adjournment of sentence proceedings to a date after the expiration of the plaintiff’s current sentence for the purpose of avoiding the clear legislative constraint in s 58 Crimes (Sentencing Procedure) Act 1999 (NSW) was beyond power and constituted jurisdictional error, warranting quashing of the sentence and remittal of the matter for lawful sentencing.

Parties
Plaintiff: Daniel Stoneham; First Respondent: Director of Public Prosecutions (NSW); Second Respondent: Local Court of New South Wales
Jurisdiction
Australia
Judgment Date
24 June 2021
Procedural Posture
Appeal and Judicial Review / Determination of Appeal and Judicial Review of Sentence Imposed in Local Court
Outcome
Sentence quashed and matter remitted to Local Court for resentencing according to law; no order as to costs.
Legal Topics
Appeals Procedure, Interpretation of Sentencing Statutes, Jurisdictional Error, Adjournments, Certiorari, Construction of S 58 Crimes (sentencing Procedure) Act 1999 (nsw)
Criminal Law Administrative Law Appeals Procedure Interpretation of Sentencing Statutes Jurisdictional Error Adjournments Certiorari Construction of S 58 Crimes (sentencing Procedure) Act 1999 (nsw)

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Parties

Daniel Stoneham

Plaintiff

Director of Public Prosecutions (NSW)

First Respondent

Local Court of New South Wales

Second Respondent

Procedural Posture

Appeal and Judicial Review / Determination of Appeal and Judicial Review of Sentence Imposed in Local Court

Legal Issues

  1. 1 Whether the Local Court Magistrate erred in adjourning sentence proceedings pursuant to s 40 of the Criminal Procedure Act 1986 (NSW) to avoid the operation of s 58 Crimes (Sentencing Procedure) Act 1999 (NSW)
  2. 2 Whether this amounted to a jurisdictional error reviewable under the Supreme Court Act 1970 (NSW)
  3. 3 Proper construction and application of s 58 Crimes (Sentencing Procedure) Act 1999 (NSW)

Ratio Decidendi

The Magistrate's adjournment of sentence proceedings to a date after the expiration of the plaintiff’s current sentence for the purpose of avoiding the clear legislative constraint in s 58 Crimes (Sentencing Procedure) Act 1999 (NSW) was beyond power and constituted jurisdictional error, warranting quashing of the sentence and remittal of the matter for lawful sentencing.

Court Disposition

Sentence quashed and matter remitted to Local Court for resentencing according to law; no order as to costs.

Orders

  • Quash the sentence imposed on the plaintiff in the Local Court on 14 October 2020
  • Remit the matter to the Local Court for sentence according to law