REGINA v DAVISON (aka Eckerman) [2003] NSWCCA 95

REGINA v DAVISON (aka Eckerman) [2003] NSWCCA 95

The knife used by the appellant was a large serrated carving or bread knife and did not fall within the statutory categories of dangerous weapon. The element required for the aggravated offences under s97 (2) of the Crimes Act 1900 was therefore not made out, causing a miscarriage of justice. Because the Court had no power to substitute a conviction for the s97 (1) offence after a plea of guilty, the appropriate remedy was to allow the appeal, quash the District Court conviction, and order the proceedings to continue before the Local Court at Coffs Harbour under s8A (1) of the Criminal Appeal Act 1912.

Jurisdiction
Australia
Judgment Date
14 March 2003
Procedural Posture
Criminal Appeal Against Conviction After Plea of Guilty / Application to Extend Time for Notice of Appeal and Appeal Against Conviction in the Court of Criminal Appeal
Outcome
Time for notice of appeal extended; appeal against conviction allowed; District Court conviction quashed; proceedings to continue before the Local Court, Coffs Harbour.
Legal Topics
['armed Robbery' 'aggravated Offence' 'dangerous Weapon' 'plea of Guilty' 'miscarriage of Justice' 'appeal Against Conviction' 'referral Back to Local Court']
['criminal Law' 'criminal Procedure'] ['armed Robbery' 'aggravated Offence' 'dangerous Weapon' 'plea of Guilty' 'miscarriage of Justice' 'appeal Against Conviction' 'referral Back to Local Court']

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Procedural Posture

Criminal Appeal Against Conviction After Plea of Guilty / Application to Extend Time for Notice of Appeal and Appeal Against Conviction in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the evidence supported convictions under s97 (2) of the Crimes Act 1900 where the weapon used was a large kitchen-style or bread knife.' 'Whether the Court of Criminal Appeal had power to substitute a conviction for an offence under s97 (1) after a plea of guilty.' 'Whether the miscarriage of justice should be remedied by ordering continuation of the proceedings before the Local Court.']

Ratio Decidendi

The knife used by the appellant was a large serrated carving or bread knife and did not fall within the statutory categories of dangerous weapon. The element required for the aggravated offences under s97 (2) of the Crimes Act 1900 was therefore not made out, causing a miscarriage of justice. Because the Court had no power to substitute a conviction for the s97 (1) offence after a plea of guilty, the appropriate remedy was to allow the appeal, quash the District Court conviction, and order the proceedings to continue before the Local Court at Coffs Harbour under s8A (1) of the Criminal Appeal Act 1912.

Court Disposition

Time for notice of appeal extended; appeal against conviction allowed; District Court conviction quashed; proceedings to continue before the Local Court, Coffs Harbour.

Orders

  • ['That the time for giving notice of this appeal be extended.' 'That the appeal against conviction be allowed.' 'That the conviction recorded in the District Court be quashed.' 'That proceedings be continued before the Local Court in Coffs Harbour, on the first convenient date.']