Director of Public Prosecutions (NSW) v Jones, Dillon Michael [2017] NSWCCA 164

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Director of Public Prosecutions (NSW) v Jones, Dillon Michael [2017] NSWCCA 164 Hearing dates: 5 July 2017 Decision date: 07 July 2017 Before: Basten JA at [1]; Harrison J at [29]; R A Hulme J at [30] Decision: Answers to Questions on Stated Case:

Q1: On the hearing of an appeal against sentence pursuant to s 17 Crimes (Appeal and Review) Act 2001 (NSW), do I have jurisdiction to make the following determinations: (1) that the Local Court did not have jurisdiction to call up the bonds imposed by Armitage DCJ; (2) that the Local Court did not have jurisdiction to resentence Mr Jones in relation to the offences for which the bonds were imposed by Armitage DCJ; (3) that the sentence imposed by the Local Court on 9 February 2017 was invalid to the extent that Grogin LCM purported to call up and resentence Mr Jones on the bonds imposed by Armitage DCJ; (4) that a direction by a judicial officer that a matter be reported to him/her and any breach dealt with by him/her is capable of being a condition of a bond imposed pursuant to s 95 of the [Crimes (Sentencing Procedure) Act 1999 (NSW)]?

Answer: In answer to Q1(1), (2) and (3):

(a) Exercising its powers on an appeal against sentence under s 17 of the Appeal and Review Act, the District Court has jurisdiction to determine that a sentence imposed in the Local Court was invalid and, if so held, to set it aside. (b) In the present case, the Local Court had jurisdiction to call on the offender to appear before it in relation to a suspected failure to comply with a condition of the bond imposed by Armitage DCJ and, being satisfied that the offender had failed to comply with a condition of the bond, to take any of the steps available under ss 98(2) and 99(1) as seemed appropriate to the Local Court. (c) The steps taken by the Local Court in the present case were not "invalid".