Regina v Sewell [1999] NSWCCA 307

Regina v Sewell [1999] NSWCCA 307

Because the Crown conceded that a claim of right was available as a matter of law and that a jury properly directed might find it reasonably possible that the applicant honestly believed he was entitled to behave as he did, the applicant was entitled to have his convictions quashed and to have trials ordered on each of the 20 charges.

Jurisdiction
Australia
Judgment Date
27 September 1999
Procedural Posture
Criminal Appeal Against Convictions / Application for Leave to Appeal Against Convictions After Guilty Pleas and Sentencing
Outcome
Leave to appeal granted; convictions quashed; trials ordered on all 20 charges; sentences quashed.
Legal Topics
['appeal Against Conviction' 'guilty Pleas' 'miscarriage of Justice' 'claim of Right' 'false Instruments']
['criminal Law' 'criminal Procedure'] ['appeal Against Conviction' 'guilty Pleas' 'miscarriage of Justice' 'claim of Right' 'false Instruments']

Case Brief

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Procedural Posture

Criminal Appeal Against Convictions / Application for Leave to Appeal Against Convictions After Guilty Pleas and Sentencing

Legal Issues

  1. 1 ['Whether the applicant should be permitted to go behind his pleas of guilty on the basis that a miscarriage of justice prevented him from putting a possible defence of substance before a jury.' 'Whether a claim of right was available as a matter of law to charges under s.300(2) of the Crimes Act 1900.' 'Whether the applicant should have the opportunity to put the defence of claim of right before a jury on all 20 charges.']

Ratio Decidendi

Because the Crown conceded that a claim of right was available as a matter of law and that a jury properly directed might find it reasonably possible that the applicant honestly believed he was entitled to behave as he did, the applicant was entitled to have his convictions quashed and to have trials ordered on each of the 20 charges.

Court Disposition

Leave to appeal granted; convictions quashed; trials ordered on all 20 charges; sentences quashed.

Orders

  • ['That leave be granted to the applicant to appeal against each of his convictions.' 'That the convictions be quashed.' 'That in relation to each of the 20 matters charged against the applicant there be an order for a trial.' 'For more abundant caution, that the sentences passed consequent upon conviction be...