Regina v Erceg [2004] NSWCCA 15

Regina v Erceg [2004] NSWCCA 15

The sentence imposed by Taylor DCJ was contrary to law, and in accordance with the judgment of the majority of the Court of Appeal, the matter should be remitted to the District Court to exercise its discretion and regularise the record pursuant to s 43 of the Crimes (Sentencing Procedure) Act 1999.

Jurisdiction
Australia
Judgment Date
10 February 2004
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Application for leave to appeal not determined; matter of sentence remitted to the District Court for further consideration under s 43 Crimes (Sentencing Procedure) Act 1999.
Legal Topics
['sentencing' 'remission to District Court' 'reopening Sentence' 'jurisdiction Under S 43 Crimes (sentencing Procedure) Act 1999']
['criminal Law'] ['sentencing' 'remission to District Court' 'reopening Sentence' 'jurisdiction Under S 43 Crimes (sentencing Procedure) Act 1999']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing error made by Taylor DCJ required the District Court to re-exercise its discretion under s 43(1)(a) Crimes (Sentencing Procedure) Act 1999' 'Whether the Court of Criminal Appeal should determine the application for leave to appeal against sentence or remit the matter']

Ratio Decidendi

The sentence imposed by Taylor DCJ was contrary to law, and in accordance with the judgment of the majority of the Court of Appeal, the matter should be remitted to the District Court to exercise its discretion and regularise the record pursuant to s 43 of the Crimes (Sentencing Procedure) Act 1999.

Court Disposition

Application for leave to appeal not determined; matter of sentence remitted to the District Court for further consideration under s 43 Crimes (Sentencing Procedure) Act 1999.

Orders

  • ['The matter of the sentence imposed on Leon Erceg be remitted to the District Court for further consideration pursuant to s 43 of the Crimes (Sentencing Procedure) Act 1999, and in accordance with the reasons for judgment of the Court of Appeal of 19 December 2003.']