The Commonwealth DPP has a right of appeal to the District Court against an order made by a magistrate under s19B(1)(d) of the Crimes Act 1914 (Cth) discharging a defendant without conviction. The appeal extends to the determination of inexpediency under s19B(1)(b), not merely to the conditions of the recognisance. The jurisdictional basis is s39(2) of the Judiciary Act 1903 (Cth), which invests the District Court with federal jurisdiction within the limits of its State jurisdiction to hear appeals from sentences.
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