Stoneham v Director of Public Prosecutions (NSW) [2021] NSWSC 735

Supreme Court New South Wales

Medium Neutral Citation: Stoneham v Director of Public Prosecutions (NSW) [2021] NSWSC 735 Hearing dates: 17 June 2021 Decision date: 24 June 2021 Jurisdiction: Common Law Before: Ierace J Decision: (1) Quash the sentence imposed on the plaintiff in the Local Court on 14 October 2020; (2) Remit the matter to the Local Court for sentence according to law. Catchwords: APPEALS – Procedure – Adjournment – Where Magistrate adjourned sentence proceedings pursuant to s 40 of the Criminal Procedure Act 1986 (NSW) to avoid operation of s 58 of the Crimes (Sentencing Procedure) Act 1999 (NSW) – Whether Magistrate erred in interpretation of s 58 – Whether incorrect interpretation of s 58 enlivened s 52 of the Crimes (Appeal and Review) Act 2001 (NSW) ADMINISTRATIVE LAW – Whether Magistrate's decision to adjourn sentence proceedings a reviewable error of law – Jurisdictional error Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), s 55 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 47, 58 Crimes Legislation Further Amendment Bill 2003 (NSW) Criminal Procedure Act 1986 (NSW), s 40 Interpretation Act 1987 (NSW), s 34 Supreme Court Act 1970 (NSW), ss 69, 75 Cases Cited: Al-Kateb v Godwin (2004) 219 CLR 562; [2004] HCA 37 Brough v Director of Public Prosecutions [2014] NSWSC 1396 R v West [2014] NSWCCA 250 Category: Principal judgment Parties: Daniel Stoneham (Plaintiff) Director of Public Prosecutions (NSW) (First Respondent) Local Court of New South Wales (Second Respondent) Representation: Counsel: Mr S Fraser (Plaintiff) Mr D Kell SC; Ms E Jones (First Respondent) Submitting Appearance (Second Respondent)