Regina v Denis BRITTAIN [1999] NSWCCA 450

New South Wales Court of Criminal Appeal CITATION : Regina v Denis BRITTAIN [1999] NSWCCA 450 FILE NUMBER(S) : CCA 60407/93 HEARING DATE(S) : 1December 1999 JUDGMENT DATE : 1 December 1999

PARTIES : Regina Denis BRITTAIN - Applicant JUDGMENT OF : Wood CJ at CL at 1; Sully J at 1; Simpson J at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 90/31/0749 LOWER COURT JUDICIAL OFFICER : Hosking DCJ

COUNSEL : P Berman - Crown T Game SC with R Burgess - Applicant SOLICITORS : S E O'Connor - Crown T A Murphy - Applicant CATCHWORDS : DECISION : Appeal allowed. The conviction and sentence are quashed. The court will not order a new trial

IN THE COURT OF CRIMINAL APPEAL 60407/93

WOOD CJ at CL SULLY J SIMPSON J

1 December 1999

REGINA v Denis BRITTAIN Judgment

THE COURT :

1 I note that during the course of argument certain matters came to the attention of the Crown Prosecutor. Upon instructions it was conceded the appeal should be allowed. The conviction is quashed. As a matter of discretion it was also conceded that it would be appropriate for the Court to not order a new trial. 2 The order of the court is, therefore, that the appeal be allowed. The conviction and sentence are quashed. The Court will not order a new trial.

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