HORTON, Garry Edward v R [2008] NSWCCA 72

HORTON, Garry Edward v R [2008] NSWCCA 72

Given the complainant's retraction of the key allegation prior to sentence, and after a plea entered in satisfaction of negotiated charges, the conviction cannot safely stand and must be quashed.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 March 2008
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal allowed; conviction and sentence quashed; new trial ordered.
Legal Topics
['appeal Against Conviction' 'plea of Guilty' 'complainant Retraction' 'aggravated Indecent Assault']
['criminal Law'] ['appeal Against Conviction' 'plea of Guilty' 'complainant Retraction' 'aggravated Indecent Assault']

Source-derived case record

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Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 ['Whether conviction based on plea of guilty should be quashed following retraction of the complaint by the complainant']

Ratio Decidendi

Given the complainant's retraction of the key allegation prior to sentence, and after a plea entered in satisfaction of negotiated charges, the conviction cannot safely stand and must be quashed.

Court Disposition

Appeal allowed; conviction and sentence quashed; new trial ordered.

Orders

  • ['Appeal allowed' 'Conviction and sentence quashed' 'There be a new trial']