Coggins, M.J. v. The Queen [1985] FCA 492

Coggins, M.J. v. The Queen [1985] FCA 492

The appellant's plea of guilty included admission of all elements, including danger and intoxication; there was no error of law or discretion by the magistrate or Supreme Court in sentencing, given statutory framework and circumstances; accordingly, the appeal is dismissed.

Parties
Appellant: Michael John Coggins; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
26 September 1985
Procedural Posture
Criminal Appeal / Appeal to Federal Court From Supreme Court Decision
Outcome
appeal dismissed
Legal Topics
Sentencing, Offences Involving Danger, Aggravation by Intoxication, Plea of Guilty, Maximum Penalty
Criminal Law Sentencing Offences Involving Danger Aggravation by Intoxication Plea of Guilty Maximum Penalty

Case Brief

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Parties

Michael John Coggins

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal to Federal Court From Supreme Court Decision

Legal Issues

  1. 1 Whether the magistrate or Supreme Court erred in sentencing for offence under Criminal Code Act 1983 (N.T.) s.154(1) with aggravation by intoxication
  2. 2 Whether the sentence improperly considered maximum penalties, danger, and aggravation
  3. 3 Whether there was sufficient evidence as to danger and intoxication

Ratio Decidendi

The appellant's plea of guilty included admission of all elements, including danger and intoxication; there was no error of law or discretion by the magistrate or Supreme Court in sentencing, given statutory framework and circumstances; accordingly, the appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.