Supreme Court dismisses appeal from High Court, and affirms judicial review of District Court decision to proceed to sentence an offender following conviction in absentia, on the grounds that, where a serious custodial sentence was to be imposed, a bench warrant should have issued to secure the offender’s attendance.
Charleton J (nem diss): Judicial review - District Court entitled to criminal trial in absence of defendant - DPP's appeal from High Court (Kearns P) - proof of notice to person accused - previous convictions - instant trial for driving without tax, insurance or licence - date fixed for trial - non-appearance by accused - conviction and sentence to five months imprisonment - driving disqualification for 40 years - Section 111 of the Road Traffic Act 1961 - right to due process - Article 38.1 of the Constitution - whether any waiver of constitutional rights - alternative option of bench warrant - sentencing hearing - whether trial judge should have allowed accused the option of appearing at a later sentencing hearing - whether imposition of custodial sentence of four or five months required attendance of accused.