BAKER v THE DIRECTOR OF PUBLIC PROSECUTIONS and ANOR [1996] NSWCA 39

BAKER v THE DIRECTOR OF PUBLIC PROSECUTIONS and ANOR

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY P, PRIESTLEY and MEAGHER JJA 25 March 1996, 30 August 1996 [1996] NSWCA 39

PREROGATIVE WRITS — certiorari — denial of natural justice — District Court. APPEAL — COURT OF APPEAL — appeal from District Court judge's hearing of an appeal from the Local Court — increase of sentence by District Court judge — whether requirement to warn appellant — whether denial of natural justice.

Malicious damage to motor vehicles — conviction and sentence in Local Court — compensation orders made by Magistrate pursuant to Victims Compensation Act 1987 — defendant subsequently appeals to District Court — District Court judge increases sentence — appeal from District Court judge on grounds of denial of natural justice — whether lack of warning to appellant constitutes denial of natural justice — requirements of natural justice in this case — relevance of whether appellant legally represented or not- compensation orders made by Magistrate — whether related to "major offences" or "minor offences" pursuant to Victims Compensation Act 1987 — consequences of failure to pay — District Court judge's orders on appeal raised possibility of additional term of imprisonment pursuant to Crimes Act 1900 — appellant not warned of

possibility: Held, application allowed, relief in the nature of certiorari should be given. Local Government Board v Arlidge (1915) AC 120; Jones v Director of Public Prosecutions (1994) 76 A Crim R 422; Roos v Director of Public Prosecutions (1994) 34 NSWLR 254; Hughes v Director of Public Prosecutions, NSWCA, unreported, 15/3/94; referred to. Parker v Director of Public Prosecutions (1994) 28 NSWLR 282; Ho v Director of Public Prosecutions (1995) 37 NSWLR 393; applied. Crimes Act 1900, s195, s558. Justices Act 1902, 122, s146. Victims Compensation Act 1987, s52, s53, s57, s60, s61, s65. ORDERS