Tweeddale v Regina [2012] NSWCCA 99

Tweeddale v Regina [2012] NSWCCA 99

The conviction for the Crimes Act 1900, s 321(1)(a) offence was quashed because the indictment alleged an offer to confer a benefit on Emma Thomas intending to influence Jay Betcke, but the evidence showed an offer to confer a benefit on Mr Betcke, so the guilty plea to the offence as particularised should not have been accepted and a miscarriage of justice occurred. The more adequate remedy was to order under Criminal Appeal Act 1912, s 8A that the proceedings continue before the Local Court. The sentence for reckless wounding was set aside because the sentencing judge erroneously treated the victim as having sustained significant facial cuts not established by the agreed facts and, in...

Jurisdiction
Australia
Judgment Date
21 May 2012
Procedural Posture
Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal of the Supreme Court of New South Wales
Outcome
Appeal against conviction allowed; conviction under Crimes Act 1900, s 321(1)(a) quashed; proceedings ordered to continue before the Local Court; leave to appeal against sentence granted; sentence appeal allowed; appellant resentenced for reckless wounding.
Legal Topics
['reckless Wounding' 'corruption of Witnesses' 'plea of Guilty' 'miscarriage of Justice' 'committal Proceedings' 'manifestly Excessive Sentence' 'general Deterrence' 'specific Deterrence']
['criminal Law' 'criminal Procedure' 'sentencing'] ['reckless Wounding' 'corruption of Witnesses' 'plea of Guilty' 'miscarriage of Justice' 'committal Proceedings' 'manifestly Excessive Sentence' 'general Deterrence' 'specific Deterrence']

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Procedural Posture

Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal of the Supreme Court of New South Wales

Legal Issues

  1. 1 ["Whether the appellant's guilty plea to the offence under Crimes Act 1900, s 321(1)(a) was entered in circumstances amounting to a miscarriage of justice." 'Whether the conviction for the offence under Crimes Act 1900, s 321(1)(a) should be quashed because the evidence did not establish the offence as particularised in the indictment.' 'Whether proceedings should be continued before the Local Court under Criminal Appeal Act 1912, s 8A.' 'Whether leave should be granted to appeal against the sentence for reckless wounding under Crimes Act 1900, s 35(4).' 'Whether the sentence imposed for reckless wounding was manifestly excessive, including because the sentencing judge took into account facial cuts not established by the agreed facts.']

Ratio Decidendi

The conviction for the Crimes Act 1900, s 321(1)(a) offence was quashed because the indictment alleged an offer to confer a benefit on Emma Thomas intending to influence Jay Betcke, but the evidence showed an offer to confer a benefit on Mr Betcke, so the guilty plea to the offence as particularised should not have been accepted and a miscarriage of justice occurred. The more adequate remedy was to order under Criminal Appeal Act 1912, s 8A that the proceedings continue before the Local Court. The sentence for reckless wounding was set aside because the sentencing judge erroneously treated the victim as having sustained significant facial cuts not established by the agreed facts and, in...

Court Disposition

Appeal against conviction allowed; conviction under Crimes Act 1900, s 321(1)(a) quashed; proceedings ordered to continue before the Local Court; leave to appeal against sentence granted; sentence appeal allowed; appellant resentenced for reckless wounding.

Orders

  • ['Appeal against conviction of the charge under the Crimes Act 1900, s 321(1)(a) allowed.' 'The conviction on the charge under the Crimes Act 1900, s 321(1)(a) recorded in the District Court be quashed.' 'Pursuant to the Criminal Appeal Act 1912, s 8A, the proceedings be continued before the Local Court at Orange on...