Director of Public Prosecutions (NSW) v Kmetyk [2018] NSWCA 156

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Director of Public Prosecutions (NSW) v Kmetyk [2018] NSWCA 156 Hearing dates: 6 July 2018 Decision date: 19 July 2018 Before: Meagher JA at [1]; Leeming JA at [2]; Sackville AJA at [67] Decision: 1. Set aside the orders of the District Court made on 4 December 2017, and in lieu thereof, order that the appeal against sentence be allowed, set aside the fine of $450 imposed by the Local Court and in lieu thereof order that Ms Kmetyk be fined $300 with 28 days to pay.

2. Declare that Ms Kmetyk was convicted in the Local Court on 21 September 2017 of an offence of driving while suspended contrary to s 54(3) of the Road Transport Act 2013, and that by operation of s 54(8) of that Act she was disqualified from holding a driver licence for a period of 12 months from 1 November 2017.

3. Grant leave to either party to apply, within 14 days, to be heard in support of any further orders as may be appropriate in light of the operation of s 63 of the Crimes (Appeal and Review) Act 2001 and s 207(6) of the Road Transport Act.

4. No order as to costs, with the intention that the parties bear their own costs. Catchwords: COURTS – orders – reconciliation of differences between forms of orders entered on JusticeLink and pronounced in court and recorded in document placed on file signed by judge

JUDICIAL REVIEW – jurisdictional error by District Court – appeal against sentence imposed by Local Court – whether District Court decision quashing conviction, re-convicting and imposing new sentence vitiated by jurisdictional error