Lazarus, Sandra v Director of Public Prosecutions (NSW) [2019] NSWCA 125

Lazarus, Sandra v Director of Public Prosecutions (NSW) [2019] NSWCA 125

The effect of the statutory stay under s 69C of the Supreme Court Act 1970 (NSW) was to prevent the sentences of imprisonment imposed on Ms Lazarus from commencing to run until the stay ended. On termination of the stay (8 May 2019), the sentences commenced in accordance with the statutory scheme and court's...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 May 2019
Procedural Posture
Judicial Review / Application to Vary and Clarify Operation of District Court Criminal Orders Under Supreme Court's Supervisory Jurisdiction; Post Dismissal of Original Review
Outcome
Declaratory orders made; matter remitted for amendment of warrants and parole orders; application for further stay refused.
Legal Topics
['stay of Execution' 'committal to Custody' 'warrants of Commitment' 'parole Orders' 'interpretation of Statutory Powers' 'judicial Review' 'variation of Orders']
['criminal Law' 'procedure'] ['stay of Execution' 'committal to Custody' 'warrants of Commitment' 'parole Orders' 'interpretation of Statutory Powers' 'judicial Review' 'variation of Orders']

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Procedural Posture

Judicial Review / Application to Vary and Clarify Operation of District Court Criminal Orders Under Supreme Court's Supervisory Jurisdiction; Post Dismissal of Original Review

Legal Issues

  1. 1 ['Whether the statutory stay of execution affected the commencement dates of sentences imposed by the District Court' 'Whether warrants of commitment remained valid and sufficient authority for committal to custody' 'What orders and/or declarations were required to reflect the current effect of the sentences and associated warrants' 'Whether this Court could and should specify the dates on which sentences were to commence or parole periods were to begin']

Ratio Decidendi

The effect of the statutory stay under s 69C of the Supreme Court Act 1970 (NSW) was to prevent the sentences of imprisonment imposed on Ms Lazarus from commencing to run until the stay ended. On termination of the stay (8 May 2019), the sentences commenced in accordance with the statutory scheme and court's declaration, with subsequent terms to accumulate thereafter per the original structure, and parole orders to be adjusted accordingly. The existing warrants of commitment remain valid but must be administratively amended by the District Court to reflect the revised sentence dates; this Court cannot itself issue or amend such warrants. Application for further stay was without merit and...

Court Disposition

Declaratory orders made; matter remitted for amendment of warrants and parole orders; application for further stay refused.

Orders

  • ['Declare that warrants of commitment issued out of the District Court of NSW on 12 December 2017 are valid and sufficient authority for Ms Lazarus to be conveyed to a correctional centre and kept in custody for the terms of her sentences;' 'Declare that sentences stated to commence on 12 December 2017, whose...