Sayer-Jones v R [2024] NSWCCA 183

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Sayer-Jones v R [2024] NSWCCA 183 Hearing dates: 2 October 2024 Date of orders: 2 October 2024 Decision date: 02 October 2024 Before: Mitchelmore JA; Basten AJA; Wright J Decision: Dismiss the applicant's application for a stay of the execution of his conviction and sentence. Catchwords: CRIMINAL PROCEDURE – jurisdiction of Court of Criminal Appeal – application for stay of sentence – pending determination of proposed appeal – effect of filing of notice of intention to appeal – extension of time within which to appeal – notice does not commence proceeding – jurisdiction of Court not engaged CRIMINAL PROCEDURE – application for stay of sentence – contingent exercise of discretionary power to stay – whether stay of sentence necessary to preserve subject-matter of proposed appeal against conviction – opportunities for early hearing rejected by applicant – extent of prejudice from serving part of non-custodial sentence Legislation Cited: Bail Act 2013 (NSW), s 67 Crimes Act 1900 (NSW), s 319 Judiciary Act 1903 (Cth), s 78 Supreme Court (Criminal Appeal) Rules 2021 (NSW), r 3.1 Uniform Civil Procedure Rules 2005 (NSW), Pt 51 Cases Cited: Chamberlain v The Queen (No 1) (1983) 153 CLR 514; [1983] HCA 13 Collins v The Queen (1975) 133 CLR 120; [1975] HCA 60 Elliott v The Queen (2007) 234 CLR 38; [2007] HCA 51 Grierson v The King (1938) 60 CLR 431; [1938] HCA 45 Hussain v Haynoum Developments Pty Ltd [2014] NSWCA 173 Jennings Construction Limited v Burgundy Royale Investments Pty Ltd (No 1) (1986) 161 CLR 681; [1986] HCA 84 Olsen v Mentink [2019] NSWCA 279 Siminton v Australian Prudential Regulation Authority (No 2) [2008] FCAFC 112; (2008) 249 ALR 171 Tait v The Queen (1962) 108 CLR 620; [1962] HCA 57 Texts Cited: Mark Leeming, Authority to Decide: The Law of Jurisdiction in Australia (2nd ed, 2015, The Federation Press) Category: Procedural rulings Parties: Robert Lyndon Sayer-Jones (Applicant) (unrepresented) Rex (Respondent) Representation: Counsel: J Styles (Respondent)