R v Petkos [2019] NSWDC 175

R v Petkos [2019] NSWDC 175

Because the document tendered as "Agreed Facts" included significant exculpatory material advanced by the offender that the Crown did not agree with, the sentence hearing could not properly proceed and a contested facts hearing was required.

Jurisdiction
Australia
Judgment Date
04 April 2019
Procedural Posture
Criminal Sentence Proceedings / Sentence Hearing Adjourned; Contested Facts Hearing Required
Outcome
Sentence hearing adjourned; contested facts hearing required.
Legal Topics
['sentence Proceedings' 'agreed Statement of Facts' 'contested Facts Hearing' 'drug Supply Offences']
['criminal Law' 'sentencing'] ['sentence Proceedings' 'agreed Statement of Facts' 'contested Facts Hearing' 'drug Supply Offences']

Case Brief

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Procedural Posture

Criminal Sentence Proceedings / Sentence Hearing Adjourned; Contested Facts Hearing Required

Legal Issues

  1. 1 ['Whether the sentence hearing could proceed on a document described as "Agreed Facts" where significant exculpatory material was included but not agreed by the Crown.' 'Whether the matter required adjournment for a contested facts hearing.']

Ratio Decidendi

Because the document tendered as "Agreed Facts" included significant exculpatory material advanced by the offender that the Crown did not agree with, the sentence hearing could not properly proceed and a contested facts hearing was required.

Court Disposition

Sentence hearing adjourned; contested facts hearing required.

Orders

  • ["Today's sentence hearing date be vacated." 'The matter is listed part heard before Colefax SC DCJ for a contested facts hearing on 17 June 2019.']