NSW Caselaw
160 A Crim R 535 Reported Decision : 65 NSWLR 668 198 FLR 37
New South Wales Supreme Court
CITATION : KEYS v. WEST [2006] NSWSC 136 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : Monday 21 November 2005
JUDGMENT DATE : 17 March 2006
JURISDICTION : Common Law
JUDGMENT OF : Hall J at 1
DECISION : The summons should be dismissed. The plaintiff is ordered to pay the defendant's costs of the proceedings.
CATCHWORDS : Defendant convicted after ex-parte hearing - conviction recorded on bench sheet - conviction had not been annulled - warrant issued for apprehension of the defendant for sentence - magistrate discharged the defendant pursuant to s.19B(1)(d), Crimes Act 1914 - whether there was power to discharge teh defendant despite teh earlier conviction - meaning of the word "conviction" - whether or not the order made in the ex-parte proceedings constituted a "conviction" within the meaning of s.19B(1)(d).
Crimes Act 1914 (Cth) Social Security Act 1991 Justices Act 1902 (NSW) Crimes (Local Court of Appeal and Review) Act 2001 (NSW) LEGISLATION CITED : Magistrates Courts Act 1952 Offenders' Probation Act 1913-1953 (SA) Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Crimes (Sentencing Procedure) Act 1999
Maxwell v. The Queen (1995-96) 184 CLR 501 Burgess v. Boetefeur (1844) 7 Man. & G. 481 DPP v. McCoid [1988] VR 982 DPP v. Helou [2003] NSWCA 301 Dixon v. McCarthy (1975) 1 NSWLR 617 Regina v. Holton [2004] NSWCCA 214 Regina v. Stone [2005] NSWCCA 344 Frodsham v. O'Gorman (1979) 1 NSWLR 683 Regina v. Collins (1994) 76 A. Crim. R. 204 CASES CITED : Griffiths v. The Queen (1977) 137 CLR 293 Kinney v. Green (1992) 29 NSWLR 137 S v. Recorder of Manchester (1971) AC 481 Regina v. Tonks (1963) VR 121 Kopuz v. District Court of NSW (1992) 28 NSWLR 232 Saffron v. DPP (1989) 16 NSWLR 397 Mulcahy v. Clark (1991) Tas. R. 115 Cobiac v. Liddy (1969) 119 CLR 257 Della Patrona v. DPP (Cth) (No. 2) (1993) 38 NSWLR 257 Application by the Attorney General under s.37 of the Crimes (Sentencing Procedure) Act for a Guideline Judgment concerning the offence of High Range Prescribed Concentration of Alcohol under s.9(4) of the Road Transport (Safety and Traffic Management) Act 1999 (No. 3 of 2002) [2004] 51 NSWLR 305 Re Stubbs (1947) 47 SR(NSW) 329
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