Roylance v Director of Public Prosecutions (NSW) [2018] NSWSC 933

Supreme Court New South Wales

Medium Neutral Citation: Roylance v Director of Public Prosecutions (NSW) [2018] NSWSC 933 Hearing dates: 20 June 2018 Date of orders: 20 June 2018 Decision date: 20 June 2018 Jurisdiction: Common Law Before: Bellew J Decision: (1) Pursuant to pt 51B r 6(2)(a) of the Supreme Court Rules 1970 (NSW) the time for the plaintiff to bring an appeal against the decision of the Local Court at Byron Bay on 22 August 2017, in the criminal proceedings entitled Police v Lauren Roylance ("the decision") be extended to 21 March 2018, that being the date on which the summons commencing the proceedings was filed.

(2) Pursuant to s 52(1) of the Crimes (Appeal and Review) Act 2001 (NSW) the plaintiff's appeal on a question of law alone is allowed.

(3) Pursuant to s 55(1)(b) of the Crimes (Appeal and Review) Act 2001 (NSW) the decision of the Magistrate of 22 August 2017 is set aside and the proceedings the subject of this appeal are remitted to the Local Court at Byron Bay for re-determination according to law and in conformity with these reasons.

(4) There is no order as to the costs of the appeal.

(5) The summons filed by the plaintiff seeking leave to appeal is otherwise dismissed. Catchwords: PRACTICE AND PROCEDURE – Appeal from Local Court – Where plaintiff charged with possession of prohibited drugs and elected to have the proceedings dealt with in her absence – Where plaintiff filed a written notice of pleading setting out the circumstances of the offending and annexing character references – Where proceedings dealt with ex-parte and fines imposed – No reference to testimonial material relied upon by the plaintiff – No indication of how or why the decision was reached that the plaintiff should be convicted and fined – Obligation to provide proper reasons extends to reasons for imposing sentence – Reasons inadequate – Error conceded by Director of Public Prosecutions – Appeal allowed – Matter remitted to Local Court Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Procedure Act 1986 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Supreme Court Rules 1970 (NSW) Cases Cited: Dee Why Auto Clinic v Roads and Maritime Services [2017] NSWSC 377 Director of Public Prosecutions (NSW) v Hughes [2017] NSWSC 492 Poliakov v Magistrate Andrew George [2009] NSWSC 1133 R v JCE [2000] NSWCCA 498; 120 A Crim R 18 Category: Principal judgment Parties: Lauren Lucy Roylance – Plaintiff Director of Public Prosecutions (NSW) – Defendant Representation: Counsel: K Ginges – Plaintiff M England – Defendant