Reported Decision:
124 A Crim R 362
New South Wales
Supreme Court
CITATION: Regina v Garry Andrew Bayliss [2001] NSWSC 732 FILE NUMBER(S): SC 70039/01 HEARING DATE(S): In chambers JUDGMENT DATE:
31 August 2001PARTIES :
Regina
Garry Andrew BaylissJUDGMENT OF: Sully J at 1
LOWER COURT
JURISDICTION :District Court LOWER COURT
FILE NUMBER(S) :98/32/0617 LOWER COURT
JUDICIAL OFFICER :Nield DCJ
COUNSEL : Not applicable SOLICITORS: Not applicable LEGISLATION CITED: Crimes Act 1900 (NSW)
Criminal Procedure Act 1986 (NSW)
Director of Public Prosecutions Act 1986 (NSW)
Justices Act 1902 (NSW)CASES CITED: R v Potter & ors (1984) 14 ACrimR 204
The Queen v De Simoni (1981) 147 CLR 383 at 406DECISION: Application refused
SUPREME COURT OF
NEW SOUTH WALES
CRIMINAL DIVISIONSULLY J
Friday 31 August 2001
70039/01 - REGINA v Garry Andrew BAYLISS
JUDGMENT
1 HIS HONOUR: Mr. Garry Bayliss applies pursuant to section 474D(1) of the Crimes Act 1900 (NSW) for an inquiry into sentences of imprisonment passed upon him on 31 August 1999 by his Honour Judge Nield of the District Court.
2 Section 474D forms part of Division 3 of Part 13A of the Crimes Act. The scheme of Division 3, so far as is at present relevant, can be summarised as follows:
[1] A person who has been convicted and sentenced may make an application to this Court for “an inquiry into” the conviction and sentence.
[2] The consideration of such an application goes in the first instance to a nominated single Judge of this Court. That Judge conducts what is essentially an administrative hearing rather than a formal curial hearing. The hearing is conducted in private Chambers and upon the basis of such written materials as the applicant for the inquiry, and the Crown solicitor, submit to the Judge in connection with the application.
[3] It becomes thereupon the duty of the Judge to consider whether “there is a doubt or question as to the convicted person’s guilt, as to any mitigating circumstances in the case or as to any part of the evidence in the case” : see section 474E(2).
[4] The Judge to whom the application has been referred, having considered the application, can do any of the following things:
(a) Refuse the application for an inquiry; or
(c) “…………….refer the whole case to the Court of Criminal Appeal, to be dealt with as an appeal under the Criminal Appeal Act 1912” .(b) Grant the application for an inquiry and direct thereupon that such an inquiry be conducted “by a prescribed person into the conviction or sentence” ; or
3 So far as concerns section 474E(2), the guiding principles of law are well settled. Put simply, the question for the Judge is whether the material which has been put forward in connection with the application causes the Judge unease or a sense of disquiet about allowing the relevant conviction(s) and sentence(s) to stand.
4 Before turning in a particular way to the proceedings before Nield…
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- Case
- [2001] NSWSC 732
- Decision Date
CaseChat Overview and Summary
The court found that there was no legitimate doubt or question about Bayliss's guilt, the mitigating circumstances, or the evidence. Judge Nield's assessment of the witnesses' credibility and the evidence was clear and reasonable. Bayliss's contentions about the representation of the Crown, his consent to the summary offences being dealt with in the Local Court, and his previous discharge did not provide grounds for questioning the District Court's decision. The application was refused, and the sentences were upheld.
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