Lazarus, Sandra v Director of Public Prosecutions (NSW)

[2019] NSWCA 125

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judicial review
3. › Review of orders of District Court in criminal jurisdiction on appeal from Local Court
4. › Effect of statutory stay of execution on sentences of imprisonment
5. › Date of commencement of sentences following termination of stay
6. › Whether warrants of commitment remain valid
7. › Supreme Court Act 1970 (NSW), ss 69A, 69C, 69D
1. Practice and Procedure
2. › Judgments and orders
3. › Power to vary or supplement orders after entry
4. › Whether Court functus officio
5. › Application within 14 days of entry
6. › Uniform Civil Procedure Rules 2005 (NSW), r 36.16(3A)
1. Criminal Law
2. › Sentence
3. › Commencement of sentence of imprisonment
4. › Effect of stay of execution
5. › Whether sentence runs during period of stay
6. › Power to adjust commencement dates
7. › Supreme Court Act 1970 (NSW), ss 69A(5), 69D
1. Criminal Law
2. › Sentence
3. › Warrants of commitment
4. › Validity of warrants where specified dates rendered incorrect by statutory stay
5. › Amendment of warrants
6. › Crimes (Sentencing Procedure) Act 1999 (NSW), s 62

Quick Take

A statutory stay of execution under s 69C(2) of the Supreme Court Act 1970 (NSW) operates directly on the sentence so that it does not run during the stay period; upon termination of the stay, sentences commence from the date of termination and warrants of commitment remain valid notwithstanding that specified dates have passed, but must be amended by the sentencing court to reflect the correct dates.