Regina v Korkmazer [1999] NSWCCA 454

New South Wales Court of Criminal Appeal CITATION : Regina v Korkmazer [1999] NSWCCA 454 FILE NUMBER(S) : CCA 60350/98 HEARING DATE(S) : 6/12/99 JUDGMENT DATE : 6 December 1999

PARTIES : Regina Yilmaz Korkmazer JUDGMENT OF : Fitzgerald JA; Newman J; Greg James J

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 98/21/0098 LOWER COURT JUDICIAL OFFICER : Woods DCJ

COUNSEL : M . Ierace SC (Appellant) C.K. Maxwell QC (Respondent) SOLICITORS : T.A. Murphy (Appellant) S.E. O'Connor (Respondent) CATCHWORDS : ACTS CITED : Crimes Act 1900 DECISION : Leave to appeal granted; Appeal upheld; Conviction and sentence quashed

THE SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL CCA 60350/98 DC 98/21/0098

FITZGERALD JA NEWMAN J GREG JAMES J

MONDAY 6 DECEMBER 1999

REGINA v Yilmaz KORKMAZER

JUDGMENT

1 FITZGERALD JA: Concessions frankly made by the prosecution illustrate that this proceeding has been attended with insufficient care in the Local Court and the District Court and has miscarried. 2 Shortly stated, the appellant has been convicted and sentenced for an offence against s 33 of the Crimes Act 1900, whereas at most he pleaded guilty to an offence against s 35 of that Act or that is, at the very least, an arguable position. 3 Accordingly, the parties are agreed that the appropriate course is that leave to appeal should be granted, the appeal upheld, the conviction and sentence quashed and the proceeding before the justice or justices at which the appellant pleaded guilty be continued, at a time and place to be specified by the magistrate who conducted the committal proceeding on 25 February 1998 or, failing that, by the Chief Magistrate. **********