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. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.