Chetty SHAKUNTALA v R [2008] NSWDC 305

Chetty SHAKUNTALA v R [2008] NSWDC 305

Leave was granted to withdraw the appeal because the appellant's appeal was based on incorrect legal advice regarding the effect of a s 10 order, and proceeding with the appeal had no utility.

Parties
Appellant: Chetty Shakuntala; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
29 September 2008
Procedural Posture
Criminal Appeal / Application for Leave to Withdraw Appeal
Outcome
Leave granted to withdraw appeal
Legal Topics
Appeal Against Severity of Sentence, Incorrect Legal Advice, Speeding Offence, Licence Consequences
Criminal Law Appeal Against Severity of Sentence Incorrect Legal Advice Speeding Offence Licence Consequences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Chetty Shakuntala

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Withdraw Appeal

Legal Issues

  1. 1 Whether the appeal against severity of sentence should proceed where appellant was under incorrect legal advice
  2. 2 If s 10 Crimes (Sentencing Procedure) Act 1999 affects demerit point accrual

Ratio Decidendi

Leave was granted to withdraw the appeal because the appellant's appeal was based on incorrect legal advice regarding the effect of a s 10 order, and proceeding with the appeal had no utility.

Court Disposition

Leave granted to withdraw appeal

Orders

  • Leave granted to withdraw the appeal
  • A copy of the court's remarks and the letter from Dr Henry Miller to Dr Daniel Teo dated 3 July 2008 to be provided to the RTA for review of appellant’s licence