Todd v Rex [2024] NSWCCA 161

Todd v Rex [2024] NSWCCA 161

Because the Agreed Facts did not establish that the applicant could in law be convicted of the offences in counts 3 and 4, a miscarriage of justice would occur if he were not permitted to withdraw his guilty pleas to those counts. The convictions on counts 3 and 4 therefore had to be quashed, the aggregate sentence set aside, and, having regard to fairness and justice, likely little delay, and preservation of appeal rights, the matter remitted to the District Court for resentencing.

Jurisdiction
Australia
Judgment Date
21 August 2024
Procedural Posture
Criminal Conviction and Sentence Appeal / Application to Extend Time and for Leave to Appeal From District Court Convictions and Sentence
Outcome
Time extended, leave to amend grounds and leave to appeal granted, appeal allowed, convictions on counts 3 and 4 quashed, aggregate sentence set aside, and matter remitted to the District Court at Lismore.
Legal Topics
['conviction Appeal' 'guilty Pleas' 'miscarriage of Justice' 'attempt to Manufacture a Pistol Without Licence or Permit' 'aggregate Sentence' 'remittal for Resentencing']
['criminal Law' 'criminal Procedure' 'sentencing' 'firearms Offences' 'drug Offences'] ['conviction Appeal' 'guilty Pleas' 'miscarriage of Justice' 'attempt to Manufacture a Pistol Without Licence or Permit' 'aggregate Sentence' 'remittal for Resentencing']

Case Brief

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Procedural Posture

Criminal Conviction and Sentence Appeal / Application to Extend Time and for Leave to Appeal From District Court Convictions and Sentence

Legal Issues

  1. 1 ['Whether the admitted facts established the elements of counts 3 and 4 for attempting to manufacture a pistol without licence or permit contrary to ss 50A(2) and 51CA of the Firearms Act 1996 (NSW).' 'Whether a miscarriage of justice would occur if the applicant were not permitted to withdraw his pleas of guilty to counts 3 and 4.' 'Whether the convictions on counts 3 and 4 and the aggregate sentence should be quashed.' 'Whether this Court should resentence the applicant or remit the matter to the District Court for resentencing.']

Ratio Decidendi

Because the Agreed Facts did not establish that the applicant could in law be convicted of the offences in counts 3 and 4, a miscarriage of justice would occur if he were not permitted to withdraw his guilty pleas to those counts. The convictions on counts 3 and 4 therefore had to be quashed, the aggregate sentence set aside, and, having regard to fairness and justice, likely little delay, and preservation of appeal rights, the matter remitted to the District Court for resentencing.

Court Disposition

Time extended, leave to amend grounds and leave to appeal granted, appeal allowed, convictions on counts 3 and 4 quashed, aggregate sentence set aside, and matter remitted to the District Court at Lismore.

Orders

  • ['Extend the time within which to lodge an appeal.' 'Grant leave to the applicant to amend the grounds of appeal [to be filed within 7 days].' 'Grant leave to appeal.' 'Allow the appeal.' 'Quash the convictions on counts 3 and 4.' 'Set aside the sentence imposed by her Honour Judge English on 20 March 2023.' 'Remit...