Carlin v R [2019] NSWCCA 130

Carlin v R [2019] NSWCCA 130

The agreed facts did not disclose the elements of an offence against s 7(1) of the Firearms Act 1996 (NSW) on the relevant count; therefore, the conviction and the aggregate sentence must be quashed, and the matter remitted to the District Court for re-sentencing, as the Court of Criminal Appeal lacks the power to substitute a verdict or resentence in the absence of a relevant count on the indictment.

Jurisdiction
Australia
Judgment Date
20 June 2019
Procedural Posture
Criminal Appeal / Hearing and Orders on Application for Leave to Appeal Against Conviction and Sentence
Outcome
Appeal allowed in part; conviction and aggregate sentence quashed; matter remitted to District Court for re-sentencing.
Legal Topics
['appeals' 'sentencing' 'firearms Offences' 'interpretation of Statute']
['criminal Law'] ['appeals' 'sentencing' 'firearms Offences' 'interpretation of Statute']

Case Brief

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Procedural Posture

Criminal Appeal / Hearing and Orders on Application for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 ['Whether the agreed facts disclosed an offence against s 7(1) of the Firearms Act 1996 (NSW) in relation to possession of a shortened firearm;' 'Whether conviction and sentence on that count should be quashed;' 'Whether Court of Criminal Appeal had power to substitute verdict or resentence under s 7(2) of the Criminal Appeal Act 1912 (NSW);' 'Appropriate disposition after quashing of count and aggregate sentence']

Ratio Decidendi

The agreed facts did not disclose the elements of an offence against s 7(1) of the Firearms Act 1996 (NSW) on the relevant count; therefore, the conviction and the aggregate sentence must be quashed, and the matter remitted to the District Court for re-sentencing, as the Court of Criminal Appeal lacks the power to substitute a verdict or resentence in the absence of a relevant count on the indictment.

Court Disposition

Appeal allowed in part; conviction and aggregate sentence quashed; matter remitted to District Court for re-sentencing.

Orders

  • ['Extend the time for the applicant to file notice of intention to appeal or to apply for leave to appeal to 15 February 2019.' 'To the extent necessary, give leave to the applicant to appeal against her conviction on Count 2 of the indictment dated 20 September 2017.' "Allow the appeal in respect of the applicant's...