Director of Public Prosecutions (NSW) v Swindell [2018] NSWSC 1468

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (NSW) v Swindell [2018] NSWSC 1468 Hearing dates: 23 February 2018 Date of orders: 02 October 2018 Decision date: 02 October 2018 Jurisdiction: Common Law Before: Rothman J Decision: (1) The order issued by his Honour Magistrate Hayes on 23 June 2017 purporting to annul the first defendant's conviction for the offence of drive vehicle recklessly/furiously or at speed/manner dangerous to the public and for the offence of drive with intent to menace contrary to the provisions of s 42(2) and s 43(1) of the Road Transport (Safety and Traffic Management) Act 1999, respectively, is quashed;

(2) The order issued by his Honour Magistrate Hayes on 23 June 2017 annulling the first defendant's concurrent disqualification periods of three years and concurrent sentences to enter into good behaviour bond for 18 months, pursuant to s 9(1) of the Crimes (Sentencing Procedure) Act 1999 in respect of the offences referred to in order [1] above, is quashed;

(3) The recording and entry of convictions, and the imposition of sentences and penalties imposed by his Honour Magistrate Hayes on 23 June 2017 on the first defendant at Dubbo Local Court for the offences referred to in order [1] above is quashed;

(4) Proceedings for the first defendant's offences, referred to in order [1] above, is remitted to the Local Court to be dealt with according to law;

(5) Each party shall bear its or his own costs. Catchwords: APPEAL – appeal from Magistrate – jurisdictional error in annulment of conviction and sentence where defendant appeared before court – attempt by Magistrate to effect just result – orders quashed