Regina v Cornelissen [1999] NSWCCA 211

Regina v Cornelissen [1999] NSWCCA 211

Because the prosecution case against the appellant rested entirely on police evidence that the police later admitted was fabricated, the conviction could not stand; time to appeal was extended, the appeal was allowed, the conviction was quashed, and a verdict of acquittal was entered.

Jurisdiction
Australia
Judgment Date
29 July 1999
Procedural Posture
Criminal Appeal / Application for Extension of Time to Appeal Against Conviction
Outcome
Extend time to appeal out of time; appeal allowed; conviction quashed; verdict of acquittal entered.
Legal Topics
['supplying a Traffickable Quantity of Prohibited Drugs' 'fabricated Police Evidence' 'extension of Time to Appeal' 'conviction Quashed' 'verdict of Acquittal']
['criminal Law' 'criminal Procedure'] ['supplying a Traffickable Quantity of Prohibited Drugs' 'fabricated Police Evidence' 'extension of Time to Appeal' 'conviction Quashed' 'verdict of Acquittal']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Extension of Time to Appeal Against Conviction

Legal Issues

  1. 1 ['Whether time should be extended for the appellant to appeal against his conviction.' 'Whether the conviction should be quashed where the Crown case rested entirely upon police evidence subsequently admitted to be fabricated.' 'Whether a verdict of acquittal should be entered.']

Ratio Decidendi

Because the prosecution case against the appellant rested entirely on police evidence that the police later admitted was fabricated, the conviction could not stand; time to appeal was extended, the appeal was allowed, the conviction was quashed, and a verdict of acquittal was entered.

Court Disposition

Extend time to appeal out of time; appeal allowed; conviction quashed; verdict of acquittal entered.

Orders

  • ['Extend time until today in which the applicant may appeal.' 'Appeal allowed, conviction quashed.' 'Verdict of acquittal entered.']