Lazarus, Sandra v Director of Public Prosecutions (NSW) [2019] NSWCA 125

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lazarus, Sandra v Director of Public Prosecutions (NSW) [2019] NSWCA 125 Hearing dates: 16 May 2019 Date of orders: 16 May 2019 Decision date: 29 May 2019 Before: Bell P and Basten JA at [1]; Simpson AJA at [49] Decision: (1) Declare that:

(a) warrants of commitment issued out of the District Court of NSW on 12 December 2017 in proceedings 2013/00076236 are valid and sufficient authority for the committal of Ms Sandra Lazarus forthwith to be conveyed to a correctional centre and kept in custody for the terms of her sentences; (b) the sentences recorded in the said warrants as commencing on 12 December 2017, the execution of which was stayed, did not so commence but have now commenced on the date on which the statutory stay terminated, namely 8 May 2019; (c) the sentences recorded in the said warrants as commencing on 12 June 2018, the execution of which was stayed, did not so commence but will now commence 6 months after the date on which the statutory stay terminated, namely on 8 November 2019, and (d) the parole orders made in the District Court of NSW will commence at the expiry of the non-parole periods for each offence as calculated from the dates identified in (b) and (c) above. (2) Remit the matter to the District Court of NSW for the amendment of the warrants of commitment and parole orders in accordance with Order 1(b), (c) and (d) above.

(3) The oral application made by Mr Waterstreet on behalf of Ms Lazarus for a stay until 4pm Friday, 17 May 2019 pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 is refused. Catchwords: PRACTICE AND PROCEDURE – judicial review – review of orders of District Court in its criminal jurisdiction on appeal from Local Court – offender subject to custodial sentence – effect of stay – date of commencement of sentences – amendment of warrants of commitment – Supreme Court Act 1970 (NSW), ss 69A, 69C, 69D Legislation Cited: Bail Act 2013 (NSW), ss 6, 12 Crimes (Administration of Sentences) Act 1999 (NSW), ss 126, 158 Crimes (Appeal and Review) Act 2001 (NSW), s 63, Part 7 Crimes (Appeal and Review) Act 2001 (NSW), ss 68, 78; Pt 7 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 47, 50, 62 Crimes Act 1900 (NSW), ss 178BB, 300 Criminal Appeal Act 1912 (NSW), s 18 Criminal Legislation Amendment Act 1996 (NSW), Sch 1, cl 1.8 Criminal Procedure Act 1986 (NSW), s 242 Interpretation Act 1987 (NSW), ss 33, 34 Justices Act 1902 (NSW), s 125B Justices Legislation Amendment (Appeals) Act 1998 (NSW), Sch 2, cl 2.24 Sentencing Act 1989 (NSW), s 8 Supreme Court Act 1970 (NSW), ss 23, 69, 69A, 69C, 69D