Federal Court of Australia
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CATCHWORDS Criminal Law "= sentence - offence of causing serious danger - aqgravation by intoxication - plea of guilty before magistrate - maximum penalty applicable - lack of evidence as to danger or
intoxication - appeal to Supreme Court dismissed - whether error
by magistrate or Supreme Court.
Criminal Code Act 1983 (N.T.) ss.4, 154, dustices Act (N.T.) ss.67, 121A
MICHAEL JOHN COGGINS v. THE QUEEN
NT No.G15 of 1985
CORAM: Fox, Northrop and Toohey JJ. 26 September 1985 Sydney
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IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY NI No. GIS of 1985
GENERAL DIVISTON
ON APPEAL from the Supreme Court of the Northern Territory of Australia
BETWEEN : MICHAEL JOHN COGGINS
. Appellant AND: THE QUEEN Respondent : MINUTE OF ORDER JUDGES MAKING ORDER: Fox, Northrop and Toohey JJ. DATE OF ORDER: 26 September 1985 WHERE MADE: Sydney.
THE COURT ORDERS THAT:
1. The appeal be dismissed.
Note: Settlement and entry of orders is deait with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY NT No.GlS of 1985
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GENERAL DIVISION
ON APPEAL from the Supreme Court of the Northern Territory of Australia
: BETWEEN : MICHAEL JOHN COGGINS
Appellant
THE QUEEN
Respondent
CORAM: FOX, NORTHROP AND TOOHEY JJ. DATE: 26 September 1985
REASONS FOR JUDGMENT FOX J.
This is an appeal from a judgment of the Supreme Court of the Northern Territory (Nader J.} in which he dismissed an appeal from a sentence imposed by a magistrate of that Territory.
His Wership had witn the consent of the parties exercised a
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2. discretion to deal summarilv with an indictable offence (Justices Act (N.T.) s.121A), and the appellant had pleaded guilty before
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