23 Aug 2006
CONDON V R SC 66/2005
- Citation
- SC 66/2005
- Court
- Supreme Court
The Supreme Court held it lacked jurisdiction to hear the sentence appeal under s 383A(3) and therefore the sentence appeal lapsed; on the conviction appeal the Court found the District Court had not been properly satisfied under s 30(2) that the appellant had been informed of, understood and had an adequate opportunity to exercise rights to legal representation, the appellant was tried unrepresented and the absence of counsel rendered the trial unfair causing a substantial miscarriage of justice, so convictions were quashed and no retrial ordered.