DPP (NSW) v Caita-Mandra and Anor [2004] NSWSC 1127

New South Wales Supreme Court

CITATION : DPP (NSW) v Caita-Mandra and Anor [2004] NSWSC 1127 revised - 22/01/2005 HEARING DATE(S) : 04/11/2004 JUDGMENT DATE : 26 November 2004

JUDGMENT OF : Howie J at 1 DECISION : (1) The Court declares that the Second Defendant erred in law in refusing to make any order consequential upon the revocation of the community service order in accordance with s 115(3) of the Crimes (Administration of Sentences) Act. (2) The Magistrate is to hear and determine the question of re-sentencing the First Defendant under s 115(3) of the Act according to law and conformably with this judgment. (3) The Court reserves the question of costs. The Plaintiff and First Defendant are to file submissions in respect of the orders to be made as to costs within 14 days from today. Either party has liberty to apply within 14 days for a hearing on the question of costs.

CATCHWORDS : Relief against justices - Order in the nature of mandamus sought against a magistrate refusing to resentence an offender following the revocation of a community service order LEGISLATION CITED : Crimes (Administration of Sentences) Act 1999 - ss 115(1), 115(2), 115(3) Crimes Act - s 59(1) R v Fielding (1993) 14 Cr App R (S) 494 CASES CITED : R v Hammon [1998] Crim L R 293 Maxwell v The Queen (1995) 184 CLR 510 Director of Public Prosecutions (NSW) PARTIES : Laurentiu Caita-Mandra Stephen Vaughan Jackson LCM FILE NUMBER(S) : SC 12435/2004 COUNSEL : P. Lakatos - Plaintiff Submitting appearance - Defendants SOLICITORS : S. Kavanagh - Plaintiff Submitting appearance - Defendants