McKENZIE, Cecil James v R [2010] NSWDC 78

New South Wales District Court

CITATION: McKENZIE, Cecil James v R [2010] NSWDC 78

HEARING DATE(S): 8 February 2010 17 February 2010

JUDGMENT DATE: 11 May 2010

JURISDICTION: Criminal

JUDGMENT OF: Bennett SC DCJ at 1

DECISION: No jurisdiction. Matters to be returned to the Local Court

CATCHWORDS: CRIME – Appeal to District Court against conviction – leave granted to convert to appeal against refusal by Magistrate to grant annulment application under s 4 Crimes (Appeal and Review) Act 2001 – whether Magistrate had granted leave to make the application under s 4(3) – whether Magistrate had considered and determined the application – lack of evidence of proceedings in Local Court – whether District Court had jurisdiction – no jurisdiction

Crimes (Appeal and Review) Act 2001 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Justices Act 1902

CASES CITED: DPP v Goben [1999] NSWSC 696 Miller v DPP [2004] NSWCA 90

PARTIES: McKENZIE, Cecil James RTA

FILE NUMBER(S): 2009/97539; 2009/172399; 2009/123371

SOLICITORS: Mr Heinrich (Appellant) Mr Eurell (RTA)

IN THE DISTRICT COURT OF NEW SOUTH WALES CRIMINAL JURISDICTION

2009/97539; 2009/172399; 2009/123371

BENNETT SC DCJ

Tuesday 11 May 2010

McKENZIE, Cecil James v R

APPEAL AGAINST THE LOCAL COURT'S REFUSAL OF APPLICATION FOR ANNULMENT OF CONVICTION

Introduction

1 These matters came to the District Court initially as appeals from convictions Cecil James McKenzie suffered in his absence upon a prosecution brought by the Roads and Traffic Authority for alleged offences in his work as a truck driver. Ultimately it was acknowledged that there was no jurisdiction available to the court to entertain the proceedings. When the proceedings were last before me on 17 February 2010 I stood them over generally so that I might give further consideration the question and publish my judgement.