Korgbara v R [2010] NSWCCA 176

Korgbara v R [2010] NSWCCA 176

The sentencing process miscarried because the applicant was not given an opportunity to fully and freely consent to the agreed statement of facts relied on during sentencing, resulting in a miscarriage of justice. Accordingly, the sentences imposed were quashed and the matter is remitted for re-sentence.

Jurisdiction
Australia
Judgment Date
11 August 2010
Procedural Posture
Criminal Sentence Appeal / Court of Criminal Appeal; Appeal Against Sentence, Leave to Appeal and Extension of Time Granted
Outcome
Appeal allowed. Sentences imposed quashed. Matter remitted for re-sentence.
Legal Topics
['appeal Against Sentence' 'sentencing Procedure' 'agreed Statement of Facts' 'miscarriage of Justice']
['criminal Law'] ['appeal Against Sentence' 'sentencing Procedure' 'agreed Statement of Facts' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Court of Criminal Appeal; Appeal Against Sentence, Leave to Appeal and Extension of Time Granted

Legal Issues

  1. 1 ['Whether the applicant was deprived of an opportunity to give fully informed consent to the agreed statement of facts' 'Whether the sentencing process miscarried because of reliance on facts not agreed by the applicant']

Ratio Decidendi

The sentencing process miscarried because the applicant was not given an opportunity to fully and freely consent to the agreed statement of facts relied on during sentencing, resulting in a miscarriage of justice. Accordingly, the sentences imposed were quashed and the matter is remitted for re-sentence.

Court Disposition

Appeal allowed. Sentences imposed quashed. Matter remitted for re-sentence.

Orders

  • ['Time for filing the application for leave to appeal against sentence extended to the date of receipt in the Registry.' 'Leave to appeal granted.' 'Appeal allowed.' 'Sentences imposed by Ellis DCJ on 13 June 2007 quashed.' 'Matter remitted to the District Court for re-sentence.']