Director of Public Prosecutions (NSW) v Hall, Jason [2015] NSWLC 12

Director of Public Prosecutions (NSW) v Hall, Jason [2015] NSWLC 12

Special circumstances existed for the purposes of s 263(2) because the alleged offences were serious and committed while the defendant was on parole and subject to a s 9 good behaviour bond, the defendant had an extensive criminal history and was serving custodial sentences, other related sequences had already been elected to proceed on indictment, and if the election were refused the Local Court would lack sentencing scope to deal appropriately with the alleged offending if the defendant were convicted.

Jurisdiction
Australia
Judgment Date
05 August 2015
Procedural Posture
Criminal / Application After Remittal From the Supreme Court for Leave to Elect to Proceed on Indictment Out of Time Under S 263(2) of the Criminal Procedure Act 1986 (nsw)
Outcome
The application for leave for the Director of Public Prosecutions (NSW) to elect to proceed on indictment out of time was granted.
Legal Topics
['election to Proceed on Indictment' 'application Out of Time' 'special Circumstances' 'remittal From Supreme Court']
['criminal Law' 'criminal Procedure'] ['election to Proceed on Indictment' 'application Out of Time' 'special Circumstances' 'remittal From Supreme Court']

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Procedural Posture

Criminal / Application After Remittal From the Supreme Court for Leave to Elect to Proceed on Indictment Out of Time Under S 263(2) of the Criminal Procedure Act 1986 (nsw)

Legal Issues

  1. 1 ['Whether special circumstances existed under s 263(2) of the Criminal Procedure Act 1986 (NSW) to permit the Director of Public Prosecutions (NSW) to elect to proceed on indictment after the time fixed under s 263(1).']

Ratio Decidendi

Special circumstances existed for the purposes of s 263(2) because the alleged offences were serious and committed while the defendant was on parole and subject to a s 9 good behaviour bond, the defendant had an extensive criminal history and was serving custodial sentences, other related sequences had already been elected to proceed on indictment, and if the election were refused the Local Court would lack sentencing scope to deal appropriately with the alleged offending if the defendant were convicted.

Court Disposition

The application for leave for the Director of Public Prosecutions (NSW) to elect to proceed on indictment out of time was granted.

Orders

  • ['The application for leave for the Director to elect to proceed on indictment out of time is granted.']