Catchwords:

JUDICIAL REVIEW – jurisdictional error – District Court – prisoner returned to custody after High Court allows appeal and reinstates conviction and sentence – prisoner granted bail after Court of Criminal Appeal allowed appeal and ordered retrial – whether time on bail counts towards sentence – nature of grant of bail – whether District Court empowered to make orders affecting administration of sentence – construction of ss 18, 25A and 28A of Criminal Appeal Act 1912 (NSW)

JURISDICTION – supervisory jurisdiction relating to criminal proceedings in District Court – operation of Supreme Court Act 1970 (NSW), s 17 – whether orders of District Court concerning effect of bail on sentence were made in “proceedings for the prosecution of offenders in indictment” within meaning of Third Schedule of Supreme Court Act