Regina v Garry Andrew Bayliss [2001] NSWSC 732

Reported Decision : 124 A Crim R 362

New South Wales Supreme Court

CITATION : Regina v Garry Andrew Bayliss [2001] NSWSC 732 FILE NUMBER(S) : SC 70039/01 HEARING DATE(S) : In chambers JUDGMENT DATE : 31 August 2001

PARTIES : Regina Garry Andrew Bayliss JUDGMENT OF : Sully J at 1

LOWER COURT District Court JURISDICTION : LOWER COURT 98/32/0617 FILE NUMBER(S) : LOWER COURT Nield DCJ JUDICIAL OFFICER :

COUNSEL : Not applicable SOLICITORS : Not applicable Crimes Act 1900 (NSW) LEGISLATION CITED : Criminal Procedure Act 1986 (NSW) Director of Public Prosecutions Act 1986 (NSW) Justices Act 1902 (NSW) CASES CITED : R v Potter & ors (1984) 14 ACrimR 204 The Queen v De Simoni (1981) 147 CLR 383 at 406 DECISION : Application refused

SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

SULLY J

Friday 31 August 2001

70039/01 - REGINA v Garry Andrew BAYLISS

JUDGMENT

1 HIS HONOUR: Mr. Garry Bayliss applies pursuant to section 474D(1) of the Crimes Act 1900 (NSW) for an inquiry into sentences of imprisonment passed upon him on 31 August 1999 by his Honour Judge Nield of the District Court. 2 Section 474D forms part of Division 3 of Part 13A of the Crimes Act. The scheme of Division 3, so far as is at present relevant, can be summarised as follows:

[1] A person who has been convicted and sentenced may make an application to this Court for "an inquiry into" the conviction and sentence.

[2] The consideration of such an application goes in the first instance to a nominated single Judge of this Court. That Judge conducts what is essentially an administrative hearing rather than a formal curial hearing. The hearing is conducted in private Chambers and upon the basis of such written materials as the applicant for the inquiry, and the Crown solicitor, submit to the Judge in connection with the application.