R v Styman; R v Taber [No 2] [2004] NSWCCA 447

R v Styman; R v Taber [No 2] [2004] NSWCCA 447

The appropriate course was, by agreement, to set aside the previous order and remit the matters to a judge of the Supreme Court for re-sentencing under the authority of s12(2) of the Criminal Appeal Act 1912.

Jurisdiction
Australia
Judgment Date
29 November 2004
Procedural Posture
Criminal Appeal / Order on Remission for Re Sentencing
Outcome
Set aside previous order and remit matters for re-sentencing.
Legal Topics
['re Sentencing']
['criminal Law'] ['re Sentencing']

Case Brief

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Procedural Posture

Criminal Appeal / Order on Remission for Re Sentencing

Legal Issues

  1. 1 ['Whether the matter of re-sentencing should be remitted to a judge of the Supreme Court.']

Ratio Decidendi

The appropriate course was, by agreement, to set aside the previous order and remit the matters to a judge of the Supreme Court for re-sentencing under the authority of s12(2) of the Criminal Appeal Act 1912.

Court Disposition

Set aside previous order and remit matters for re-sentencing.

Orders

  • ['Order 6 made by this Court on 10 September 2004 set aside.' 'In lieu thereof, matters remitted to a judge of the Supreme Court for re-sentencing.']