WISE v REGINA [2006] NSWCCA 264

WISE v REGINA [2006] NSWCCA 264

Charteris DCJ had no jurisdiction to resentence on Count 1 following revocation of the s.12 bond; the sentence imposed by Blackmore DCJ suffered from error of law and required correction on appeal. Leave to appeal is granted and the sentence for Count 1 is quashed and replaced; all other appeals are dismissed.

Jurisdiction
Australia
Judgment Date
05 September 2006
Procedural Posture
Criminal Appeal / Judgment on Appeal and Application for Leave
Outcome
Leave to appeal granted; sentence on Count 1 quashed and replaced; appeal otherwise dismissed.
Legal Topics
['appeal' 'jurisdiction to Resentence' 'revocation of Bond' 'error of Law' 'compliance With Sentencing Statutes' 'manifest Excess']
['criminal Law'] ['appeal' 'jurisdiction to Resentence' 'revocation of Bond' 'error of Law' 'compliance With Sentencing Statutes' 'manifest Excess']

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 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Judgment on Appeal and Application for Leave

Legal Issues

  1. 1 ['Jurisdiction to resentence on revocation of s.12 Bond' 'Capacity to appeal' 'Error of law in sentencing' 'Compliance with s.44 and s.45 of Crimes (Sentencing Procedure) Act 1999' 'Manifest excess in sentence']

Ratio Decidendi

Charteris DCJ had no jurisdiction to resentence on Count 1 following revocation of the s.12 bond; the sentence imposed by Blackmore DCJ suffered from error of law and required correction on appeal. Leave to appeal is granted and the sentence for Count 1 is quashed and replaced; all other appeals are dismissed.

Court Disposition

Leave to appeal granted; sentence on Count 1 quashed and replaced; appeal otherwise dismissed.

Orders

  • ['Leave to appeal be granted' 'In relation to Count 1, the sentence imposed by Blackmore DCJ on 4 February 2005 be quashed and in lieu thereof the applicant be sentenced on Count 1, Break, Enter and Steal committed on 10 March 2003, to a non-parole period of 9 months commencing 26 October 2005 and expiring 25 July...