R v KS

In the matter of the Queen versus KS, the defendant was charged with breaching a Good Behaviour Order. The dispute centred on the sentencing options available to the court, specifically whether the court could impose a Griffiths remand and defer sentencing, and whether this power had been displaced by section 27 of the Crimes (Sentencing) Act 2005. The matter was heard in the Local Court of New South Wales.

The legal issues the court needed to address were whether the Local Court had the authority to order a Griffiths remand for the defendant and, if so, whether this common law power had been superseded by section 27 of the Crimes (Sentencing) Act 2005. The defendant argued that the statutory provision had effectively replaced the common law power, while the prosecution contended that the common law power remained intact and was not displaced by the statutory provisions.

The court held that the Local Court retains the common law power to order a Griffiths remand even in cases where a statutory option exists. The court found that section 27 of the Crimes (Sentencing) Act 2005 did not displace the common law power to order Griffiths remands. The court reasoned that the statutory provision was concerned with the imposition of sentences and did not address the issue of remand powers. Consequently, the court concluded that it had the discretion to order a Griffiths remand in this instance.

The court ordered that the matter be stood over to 3.00 pm on 18 November 2022. The defendant’s bail was continued to the same date, subject to specified conditions.