The case leaves open the question of whether the Court of Appeal, exercising civil jurisdiction in prerogative relief proceedings, has power to remit matters to the District Court for exercise of its criminal jurisdiction. The DPP took the position that where a Local Court imposes a s 9 bond and the District Court dismisses a conviction appeal, the Local Court remains the sentencing court with power under s 97 of the Crimes (Sentencing Procedure) Act 1999 (NSW) to deal with a failure to enter the bond.
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