Hayes v Office of the Director of Public Prosecutions [2019] NSWSC 378

Supreme Court New South Wales

Medium Neutral Citation: Hayes v Office of the Director of Public Prosecutions [2019] NSWSC 378 Hearing dates: 2 April 2019 Date of orders: 02 April 2019 Decision date: 02 April 2019 Jurisdiction: Common Law Before: Campbell J Decision: Orders in accordance with the consent order (see paragraph [22]) Catchwords: CRIMINAL LAW – Section 52, crimes appeal and review Act – appeal to Supreme Court – right conferred on person convicted or sentenced in Local Court – appeal ground must involve question of law – learned magistrate erred in law by failing to give reasons for conviction and sentence – conviction and sentence quashed – matter remitted to local court

CRIMINAL LAW – Local Court – crimes sentencing procedure Act – section 10 – practice and procedure –absence of the defendant Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), s 52 Criminal Procedure Act 1986 (NSW), ss 182, 193, 209 Crimes (Sentencing Procedure) Act 1999 (NSW), s 10 Cases Cited: Balach v The Director the Public Prosecutions [2019] NSWSC 377 Roylance v The Director of Public Prosecutions [2018] NSWSC 933 Category: Procedural and other rulings Parties: James Robert Hayes (Plaintiff) Office of the Director of Public Prosecutions (Defendant) Representation: Counsel: K. Ginges (Plaintiff) W. Langley (Defendant)

Solicitors: Legal Made Easy (Plaintiff) Solicitor of Public Prosecutions (NSW) (Defendant) File Number(s): 2019/59826