Local Court Bench Book Update 145 published

The following files have been updated:

Specific penalties and orders has been updated as follows:

  • Crimes Act 1900 has been amended by:
    (a) Crimes Legislation Amendment Act 2021 to include new offence under s 547E of produce, disseminate or possess bestiality or animal crush material,
    (b) Roads and Crimes Legislation Amendment Act 2022 to include new offence under s 214A(1) of cause damage or disruption to a major facility.
  • New Roads Act 1993 section which includes offence of cause damage or disruption to major bridge/tunnel/road under s 144G(1).
  • New Mandatory Disease Testing Act 2021 section which includes offences of:
    (a) fail to comply with a mandatory testing order: s 27(1)
    (b) give false or misleading information: s 28,
    (c) disclose information unlawfully: s 29(1).

[2-000] Road Transport includes Pearce v R [2022] NSWCCA 68 at [2-000] which provides that the court is to consider whether or not to vary an automatic disqualification period in accordance with the relevant provisions in determining a disqualification period. Also, the period of suspension must be counted towards any disqualification imposed when varying an automatic disqualification period.

New [5-000] Sexual offences in the Local Court chapter contains information concerning directions relating to misconceptions about sexual consent which may be given in hearings in the Local Court for offences under Crimes Act 1900 ss 61KC, 61KD, 61KE, 61KF and attempts to commit these offences.

[16-000] General orders has been amended at [16-380] to include Stoneham v DPP (NSW) [2021] NSWSC 735 which provides that a court should not adjourn sentence proceedings in order to avoid the effect of s 58 Crimes (Sentencing Procedure) Act 1999 (limitation on consecutive sentences), notwithstanding any concerns regarding the length of the sentence which may be imposed. Offences to which s 58 does not apply are also included.

[20-000] Bail is amended at [20-300] to refer to new s 22B which provides that, upon application, the court must not grant or dispense with bail during the period following conviction but before sentence for an offence for which the accused will be sentenced to full-time imprisonment, unless special or exceptional circumstances exist. The decisions of DPP (NSW) v Day [2022] NSWSC 938 at [56]–[69], DPP (NSW) v Duncan [2022] NSWSC 927 at [37]–[43], DPP (NSW) v Van Gestal [2022] NSWSC 973 at [41]–[87], R v LM [2022] NSWSC 987 at [15]–[20], discussing the construction and operation of s 22B are referred to.

[38-000] Children’s CourtCriminal jurisdiction is amended at [38-080] to include reference to the statutory scheme regulating the preparation and receipt of Victim Impact Statements on sentence proceedings (Pt 3, Div 2 of the Crimes (Sentencing Procedure) Act 1999) as it relates to the Children’s Court.

[52-000] Review and appeals is amended at [52-060] to include Huynh v R [2021] NSWCCA 148 which discusses provisions relating to appeals to the District Court.

The IndexTable of Cases and Table of Statutes have been updated to Update 145.