Regina v Denis BRITTAIN [1999] NSWCCA 450

Regina v Denis BRITTAIN [1999] NSWCCA 450

Because matters came to the attention of the Crown Prosecutor during argument and the Crown conceded upon instructions that the appeal should be allowed, the Court allowed the appeal, quashed the conviction and sentence, and declined to order a new trial as a matter of discretion.

Jurisdiction
Australia
Judgment Date
01 December 1999
Procedural Posture
Criminal Appeal / Appeal From District Court Conviction and Sentence
Outcome
Appeal allowed. The conviction and sentence are quashed. The court will not order a new trial.
Legal Topics
['appeal Against Conviction and Sentence' 'quashing of Conviction and Sentence' 'no New Trial' 'crown Concession']
['criminal Law' 'criminal Procedure'] ['appeal Against Conviction and Sentence' 'quashing of Conviction and Sentence' 'no New Trial' 'crown Concession']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal From District Court Conviction and Sentence

Legal Issues

  1. 1 ['Whether the appeal should be allowed after matters came to the attention of the Crown Prosecutor during argument.' 'Whether a new trial should be ordered.']

Ratio Decidendi

Because matters came to the attention of the Crown Prosecutor during argument and the Crown conceded upon instructions that the appeal should be allowed, the Court allowed the appeal, quashed the conviction and sentence, and declined to order a new trial as a matter of discretion.

Court Disposition

Appeal allowed. The conviction and sentence are quashed. The court will not order a new trial.

Orders

  • ['The appeal be allowed.' 'The conviction and sentence are quashed.' 'The Court will not order a new trial.']