Roberts v R [2010] NSWCCA 256

Roberts v R [2010] NSWCCA 256

The appeal against conviction on the second count was allowed by consent and the conviction and sentence were quashed; because there was doubt about whether the Court had power to amend the indictment and the District Court sentencing judge was best placed to address the remaining sentencing issues, including parity, the first count was remitted to the District Court under s 12 of the Criminal Appeal Act 1912.

Jurisdiction
Australia
Judgment Date
05 November 2010
Procedural Posture
Criminal Appeal / Appeal Against Conviction on One Offence and Application for Leave to Appeal Against Sentence on Another Offence
Outcome
Appeal against conviction on the second count allowed; conviction and sentence quashed; first count remitted to the District Court.
Legal Topics
['appeal Against Conviction' 'application for Leave to Appeal Against Sentence' 'amendment of Indictment' 'remittal to District Court' 'parity in Sentencing']
['criminal Law' 'criminal Procedure'] ['appeal Against Conviction' 'application for Leave to Appeal Against Sentence' 'amendment of Indictment' 'remittal to District Court' 'parity in Sentencing']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction on One Offence and Application for Leave to Appeal Against Sentence on Another Offence

Legal Issues

  1. 1 ['Whether the appeal against conviction on the second count should be allowed and the conviction and sentence quashed.' 'Whether this Court should amend the indictment and deal with the application for leave to appeal against sentence, or remit the matter to the District Court.']

Ratio Decidendi

The appeal against conviction on the second count was allowed by consent and the conviction and sentence were quashed; because there was doubt about whether the Court had power to amend the indictment and the District Court sentencing judge was best placed to address the remaining sentencing issues, including parity, the first count was remitted to the District Court under s 12 of the Criminal Appeal Act 1912.

Court Disposition

Appeal against conviction on the second count allowed; conviction and sentence quashed; first count remitted to the District Court.

Orders

  • ['That the appeal in respect of conviction on the second count on the indictment be allowed and the conviction and sentence quashed.' 'In respect of the first count on the indictment the matter should be remitted to the District Court under s 12 of the Criminal Appeal Act 1912.']