Todd v Rex [2024] NSWCCA 161

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Todd v Rex [2024] NSWCCA 161 Hearing dates: 19 August 2024 Date of orders: 19 August 2024 Decision date: 21 August 2024 Before: Harrison CJ at CL at [1]; Wright J at [2]; Rigg J at [22] Decision: (1) Extend the time within which to lodge an appeal. (2) Grant leave to the applicant to amend the grounds of appeal [to be filed within 7 days]. (3) Grant leave to appeal. (4) Allow the appeal. (5) Quash the convictions on counts 3 and 4. (6) Set aside the sentence imposed by her Honour Judge English on 20 March 2023. (7) Remit the matter to the District Court at Lismore for mention on Wednesday 21 August 2024 or such date as the court may otherwise appoint. Catchwords: CRIMINAL LAW – conviction appeal – applicant pleaded guilty to charges of attempting to manufacture a pistol without permit or licence – no evidence to establish that offences committed – miscarriage of justice if not allowed to withdraw pleas of guilty – convictions quashed – aggregate sentence relating to these and other offences set aside – whether matter should be remitted to the District Court – matter remitted for resentence Legislation Cited: Criminal Appeal Act 1912 (NSW), ss 5(1)(b)-(c), 6(1)-(3), 12(2) Drug Misuse and Trafficking Act 1985 (NSW), s 25(2) Firearms Act 1996 (NSW), ss 50A(2), 51CA, 51(D)(2) Cases Cited: Nassr v The Queen [2015] NSWCCA 284 R v Jacobs Group (Australia) Pty Ltd [2023] NSWCCA 280 R v Liberti (1991) 55 A Crim R 120 Category: Principal judgment Parties: Johnas Todd (Applicant) Rex (Respondent) Representation: Counsel: R Rodger (Applicant) M Millward (Respondent)