Hay v Director of Public Prosecutions (NSW) [2020] NSWCA 75

Hay v Director of Public Prosecutions (NSW) [2020] NSWCA 75

The District Court properly considered specific deterrence, alternatives to imprisonment, and the possibility of an intensive correction order. No jurisdictional error was present; the grounds for judicial review lacked merit.

Parties
Applicant: Garry Henry Hay; First Respondent: Director of Public Prosecutions (NSW); Second Respondent: District Court of New South Wales
Jurisdiction
Australia
Judgment Date
24 April 2020
Procedural Posture
Judicial Review / Court of Appeal (supreme Court of Nsw) Decision
Outcome
Summons dismissed with costs.
Legal Topics
Sentencing, Jurisdictional Error, Specific Deterrence, Community Correction Order, Intensive Correction Order
Criminal Law Judicial Review Sentencing Jurisdictional Error Specific Deterrence Community Correction Order Intensive Correction Order

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Parties

Garry Henry Hay

Applicant

Director of Public Prosecutions (NSW)

First Respondent

District Court of New South Wales

Second Respondent

Procedural Posture

Judicial Review / Court of Appeal (supreme Court of Nsw) Decision

Legal Issues

  1. 1 Whether District Court unreasonably took into account specific deterrence
  2. 2 Whether District Court failed to consider possible alternatives to full-time custody
  3. 3 Whether District Court failed to consider and determine the manner in which imprisonment was to be served

Ratio Decidendi

The District Court properly considered specific deterrence, alternatives to imprisonment, and the possibility of an intensive correction order. No jurisdictional error was present; the grounds for judicial review lacked merit.

Court Disposition

Summons dismissed with costs.

Orders

  • Summons for judicial review dismissed.
  • Applicant to pay the respondent's costs in this Court.