Keys v West [2004] NSWSC 883

New South Wales Supreme Court

CITATION : Keys v West [2004] NSWSC 883 HEARING DATE(S) : 16/0904 JUDGMENT DATE : 30 September 2004

JUDGMENT OF : Shaw J DECISION : (1) Standover these proceedings to allow the defendant to consider whether she does want to make an application under s 100G of the relevant state legislation and to give liberty to apply to have the matter restored to the list in this Court if either party desires to do so. (2) Order that there be no order for costs, on the basis that the matters raised by the plaintiff involve difficult questions of law and it was in the public interest that they be determined, at least in the absence of Ministerial review. This may seem an unusual step but I think that the discretion of this Court extends to enable a "no costs" order to be made in the particular circumstances of this case.

CATCHWORDS : That an order made by Local Court Magistrate was not available as a matter of law - That the order was to the effect that the defendant be discharged pursuant to s19B(1)(d) of the Crimes Act 1914 (Cth), upon entering into a recognizance in the sum of $1000 and to be of good behaviour for eighteen months - and, that the defendant should pay court costs. - Contravene Social Security Act 1991 (Cth) s1350 - Job Search Allowance - Newstart Allowance - Discharge of offenders without proceeding to conviction - Whether the magistrate erred in discharging the defendant despite an earlier conviction Crimes (Sentencing Procedure) Act 1999 (NSW) s10 Crimes Act 1900 (NSW) s 556A (repealed) LEGISLATION CITED : Crimes Act 1914 (Cth) s 19B Justices Act 1902 (NSW) (repealed) s 75A, 75B, 75C, 75D, 75E, 75F, 80, 100D, 100E, 100F, 100G Road Transport (Safety and Traffic Management) Act 1999 (NSW) Social Security Act 1991 (Cth) s1350 Application by the Attorney General under Section 37 of the Crimes (Sentencing Procedure) Act for a Guideline Judgment Concerning the Offence of High Range Prescribed Concentration of Alcohol Under Section 9(4) of the Road Transport (Safety and Traffic Management) Act 1999 (No. 3 of 2002) [2004] NSWCCA 303 Cobiac v Liddy (1969) 119 CLR 257 Davies v Griffiths [1937] 2 All ER 671 Della Patrona v Director of Public Prosecutions (Cth) (No 2) (1995) 38 NSWLR 257 Dixon v McCarthy [1975] 1 NSWLR 617 Ex Parte Kelly; Re Teece (1966) 85 WN (Pt 1) (NSW) 151; [1966] 2 NSWR 674 CASES CITED : Kinney v Green (1992) 29 NSWLR 137 Maxwell v R (1995) 184 CLR 501 McLachlan v Pilgrim & Anor [1980] 2 NSWLR 422 Mulcahy v Clark [1991] Tas R 115 R v Judge Crowe; Ex parte Rees (1985) 39 SASR 398 Re Stubbs (1947) 47 SR (NSW) 329 Saffron & Allen v Director of Public Prosecutions (1989) 16 NSWLR 397 PARTIES : Paul Keys Gloria Elaine West FILE NUMBER(S) : SC 10703 of 2004 COUNSEL : D Moorehouse (Plaintiff) SOLICITORS : G Walsh (Defendant)