Regina v Korkmazer [1999] NSWCCA 454

Regina v Korkmazer [1999] NSWCCA 454

Leave was granted and the appeal upheld because the appellant had been convicted and sentenced for an offence against s 33 of the Crimes Act 1900 when, at most, he pleaded guilty to an offence against s 35 of that Act, or that was at least an arguable position, so the proceeding miscarried.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 December 1999
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Appeal Against Conviction and Sentence
Outcome
Leave to appeal granted; appeal upheld; conviction and sentence quashed.
Legal Topics
['guilty Plea' 'conviction for Wrong Offence' 'crimes Act 1900 S 33' 'crimes Act 1900 S 35' 'miscarriage']
['criminal Law' 'criminal Procedure'] ['guilty Plea' 'conviction for Wrong Offence' 'crimes Act 1900 S 33' 'crimes Act 1900 S 35' 'miscarriage']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Appeal Against Conviction and Sentence

Legal Issues

  1. 1 ['Whether the appellant was wrongly convicted and sentenced for an offence against s 33 of the Crimes Act 1900 when, at most, he pleaded guilty to an offence against s 35 of that Act or that was at least arguable.' 'Whether leave to appeal should be granted and the conviction and sentence quashed.']

Ratio Decidendi

Leave was granted and the appeal upheld because the appellant had been convicted and sentenced for an offence against s 33 of the Crimes Act 1900 when, at most, he pleaded guilty to an offence against s 35 of that Act, or that was at least an arguable position, so the proceeding miscarried.

Court Disposition

Leave to appeal granted; appeal upheld; conviction and sentence quashed.

Orders

  • ['Leave to appeal granted.' 'Appeal upheld.' 'Conviction and sentence quashed.' 'The proceeding before the justice or justices at which the appellant pleaded guilty is to be continued at a time and place to be specified by the magistrate who conducted the committal proceeding on 25 February 1998 or, failing that, by...