Director of Public Prosecutions (NSW) v Jones [2004] NSWCA 188

New South Wales Court of Appeal

CITATION : Director of Public Prosecutions (NSW) v Jones [2004] NSWCA 188 HEARING DATE(S) : 11 May 2004 JUDGMENT DATE : 18 June 2004

JUDGMENT OF : Ipp JA at 1; Santow JA at 2; McClellan AJA at 3 DECISION : 1. Orders made by Blanch J on 28 July 2003 allowing an appeal to the District Court against the refusal of the application to annul the conviction recorded by Bone LCM against Geoffrey Craig Jones is quashed; 2. The cross-claim of the first opponet is dismissed; 3. The proceedings are to be remitted to the District Court for determination according to law of the application for leave to appeal against conviction and sentence lodged by Geoffrey Craig Jones

CATCHWORDS : Alleged jurisdictional error in District Court hearing an appeal against a refusal to annul a conviction in the Local Court - Whether refusal to annul a conviction pursuant to s 100D of Justices Act 1902 was an order capable of appeal pursuant to s 120 of Justices Act - Whether leave of District Court required to appeal pursuant to s 123 of Justices Act - "rights of appeal" under Pt 4A of Justices Act - Whether proceedings under Pt 4A are an appeal against a conviction, order or sentence in summary proceedings - Whether a decision to decline an application to annul pursuant to s 100D is an interlocutory or final order Crimes Act 1900 (NSW) LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 (NSW) Justices Act1902 (NSW) Director of Public Prosecutions (Claimant) PARTIES : Geoffrey Craig Jones (1st Opponent & cross-claimant) District Court of NSW (2nd Opponent) Local Court of NSW (Def to x-claim) FILE NUMBER(S) : CA 40039/04 P A Johnson SC (Claimant) COUNSEL : J Stratton SC (1st Opponent & cross-claimant) Submitting appearance (2nd Opponent) Submitting appearance (Def to cross-claim) S C Kavanagh (Claimant) SOLICITORS : S E O'Connor (1st Opponent & cross-claimant) Submitting appearance (2nd Opponent) I V Knight (Def to cross-claim)