KEYS v. WEST [2006] NSWSC 136

KEYS v. WEST [2006] NSWSC 136

The conviction recorded in the Bankstown Local Court on 31 March 2000 was, in the statutory context of ss.75A-75F and s.80AA of the Justices Act 1902 (NSW), a determination that the elements of the offence were established and that the defendant was guilty, but it was not a conviction in the sense of a final disposition of the proceedings. Accordingly, there was no conviction within the meaning of s.19B of the Crimes Act 1914 (Cth), and it was open to Magistrate Flack on 9 October 2003 to discharge the defendant under s.19B(1)(d).

Jurisdiction
Australia
Judgment Date
17 March 2006
Procedural Posture
Summons Under S.56 of the Crimes (local Court Appeal & Review) Act 2001 Concerning a Local Court Sentence Decision / Supreme Court Determination After the Local Court Declined to Annul the Sentence Imposed on 9 October 2003
Outcome
The summons was dismissed.
Legal Topics
['ex Parte Local Court Proceedings' 'meaning of Conviction' 'discharge Without Proceeding to Conviction' 'annulment of Conviction or Sentence' 'federal Offences']
['criminal Law' 'criminal Procedure' 'sentencing'] ['ex Parte Local Court Proceedings' 'meaning of Conviction' 'discharge Without Proceeding to Conviction' 'annulment of Conviction or Sentence' 'federal Offences']

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Procedural Posture

Summons Under S.56 of the Crimes (local Court Appeal & Review) Act 2001 Concerning a Local Court Sentence Decision / Supreme Court Determination After the Local Court Declined to Annul the Sentence Imposed on 9 October 2003

Legal Issues

  1. 1 ['Whether the order made in ex parte proceedings on 31 March 2000 constituted a conviction within the meaning of s.19B(1)(d) of the Crimes Act 1914 (Cth).' 'Whether the Local Court had power on 9 October 2003 to discharge the defendant pursuant to s.19B(1)(d) despite the earlier recorded conviction.' "Whether the plaintiff established an error of law in the Local Court's refusal to annul the sentence."]

Ratio Decidendi

The conviction recorded in the Bankstown Local Court on 31 March 2000 was, in the statutory context of ss.75A-75F and s.80AA of the Justices Act 1902 (NSW), a determination that the elements of the offence were established and that the defendant was guilty, but it was not a conviction in the sense of a final disposition of the proceedings. Accordingly, there was no conviction within the meaning of s.19B of the Crimes Act 1914 (Cth), and it was open to Magistrate Flack on 9 October 2003 to discharge the defendant under s.19B(1)(d).

Court Disposition

The summons was dismissed.

Orders

  • ['The summons should be dismissed.' "The plaintiff is ordered to pay the defendant's costs of the proceedings."]