Meakin v Director of Public Prosecutions & Anor [2011] NSWCA 373

Meakin v Director of Public Prosecutions & Anor [2011] NSWCA 373

There was no jurisdictional error or error contrary to law because the original sentence was within power, licence disqualification was not in issue on the appeal, and no statutory maximum was breached; thus, neither the refusal to reopen nor the sentence itself were reviewable or remediable under the legislative schemes invoked.

Parties
Applicant: Peter Jeremy Meakin; First Respondent: Director of Public Prosecutions; Second Respondent: District Court of New South Wales
Jurisdiction
Australia
Judgment Date
30 November 2011
Procedural Posture
Appeal / Judgment on Application for Prerogative and Declaratory Relief After Sentencing and Failed Application to Reopen Sentencing Proceedings
Outcome
Application dismissed with costs
Legal Topics
Jurisdictional Error, Licence Disqualification, Reopening Sentencing Proceedings, Sentencing Discretion, Prerogative Relief
Administrative Law Criminal Law Jurisdictional Error Licence Disqualification Reopening Sentencing Proceedings Sentencing Discretion Prerogative Relief

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Parties

Peter Jeremy Meakin

Applicant

Director of Public Prosecutions

First Respondent

District Court of New South Wales

Second Respondent

Procedural Posture

Appeal / Judgment on Application for Prerogative and Declaratory Relief After Sentencing and Failed Application to Reopen Sentencing Proceedings

Legal Issues

  1. 1 Whether the sentencing judge failed to take into account the maximum automatic licence disqualification period under Road Transport (General) Act, s 188(4)
  2. 2 Whether the refusal to reopen sentence proceedings under Crimes (Sentencing Procedure) Act, s 43 constituted jurisdictional error
  3. 3 Whether the applicant was entitled to discretionary relief under Supreme Court Act, ss 65 and 69

Ratio Decidendi

There was no jurisdictional error or error contrary to law because the original sentence was within power, licence disqualification was not in issue on the appeal, and no statutory maximum was breached; thus, neither the refusal to reopen nor the sentence itself were reviewable or remediable under the legislative schemes invoked.

Court Disposition

Application dismissed with costs

Orders

  • The summons is dismissed with costs