Sayer-Jones v Director of Public Prosecutions (NSW) [2019] NSWSC 1615

Sayer-Jones v Director of Public Prosecutions (NSW) [2019] NSWSC 1615

Section 192G of the Crimes Act 1900 (NSW) does not apply to false statements made in the course of and for the purpose of judicial proceedings, due to the immunity recognised in Jamieson v The Queen; therefore, the convictions based on such statements must be set aside.

Parties
Plaintiff: Robert Lyndon Sayer-Jones; First Defendant: Director of Public Prosecutions (NSW); Second Defendant: Local Court of New South Wales
Jurisdiction
Australia
Judgment Date
21 November 2019
Procedural Posture
Appeal and Judicial Review / Supreme Court Appeal on Question of Law From Local Court Conviction and Sentence
Outcome
Appeal allowed; convictions set aside
Legal Topics
Immunity for Statements in Judicial Proceedings, Appeals Against Conviction, Fraud Offences Under Crimes Act 1900 (nsw), Withdrawal of Guilty Plea, Prosecutorial Powers, Statutory Construction
Criminal Law Criminal Procedure Immunity for Statements in Judicial Proceedings Appeals Against Conviction Fraud Offences Under Crimes Act 1900 (nsw) Withdrawal of Guilty Plea Prosecutorial Powers Statutory Construction

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Parties

Robert Lyndon Sayer-Jones

Plaintiff

Director of Public Prosecutions (NSW)

First Defendant

Local Court of New South Wales

Second Defendant

Procedural Posture

Appeal and Judicial Review / Supreme Court Appeal on Question of Law From Local Court Conviction and Sentence

Legal Issues

  1. 1 Whether s 192G of the Crimes Act 1900 (NSW) applies to false statements made in the course of judicial proceedings
  2. 2 Whether the principle of immunity for statements made in judicial proceedings precludes prosecution under s 192G
  3. 3 Whether the magistrate erred in refusing an application to withdraw a guilty plea where the facts did not amount to an offence known to law

Ratio Decidendi

Section 192G of the Crimes Act 1900 (NSW) does not apply to false statements made in the course of and for the purpose of judicial proceedings, due to the immunity recognised in Jamieson v The Queen; therefore, the convictions based on such statements must be set aside.

Court Disposition

Appeal allowed; convictions set aside

Orders

  • Appeal allowed
  • Pursuant to s 55(1) of the Crimes (Appeal and Review) Act 2001 (NSW), set aside the convictions of the plaintiff for the two offences under s 192G(b) of the Crimes Act 1900 (NSW)