A District Court judge hearing an appeal from the Local Court under s 125 of the Justices Act 1902 must warn an appellant, particularly an unrepresented one, before imposing a more onerous sentence such as a s 558 recognisance in lieu of a fine. A conditional recognisance with restrictive conditions, Probation and Parole supervision, and potential exposure to imprisonment upon breach is more onerous than a fine. Failure to give such a warning constitutes a denial of natural justice attracting certiorari relief.
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