REGINA v DAVISON (aka Eckerman) [2003] NSWCCA 95

New South Wales Court of Criminal Appeal

CITATION : REGINA v DAVISON (aka Eckerman) [2003] NSWCCA 95 HEARING DATE(S) : 14/03/2003 JUDGMENT DATE : 14 March 2003

JUDGMENT OF : Meagher JA at 1; Dowd J at 2; Barr J at 17 DECISION : Time for notice of appeal extended; appeal against conviction allowed; District Court conviction quashed; to proceed before Local Court, Coffs Harbour.

CATCHWORDS : Appeal against conviction after plea of guilty - element of offence not made out - no power to correct error - referral back to local court. Crimes Act 1900 Criminal Appeal Act 1912 LEGISLATION CITED : Firearms Act 1996 Justices Act 1902 Weapons Prohibition Act 1998 CASES CITED : R v Wilkes (2001) NSWCCA 383 PARTIES : The Crown Joel Davison (aka Andrew William Eckerman) FILE NUMBER(S) : CCA 60037/03 COUNSEL : H K Dhanji (Appellant) DML Woodburne (Crown) SOLICITORS :

LOWER COURT District Court JURISDICTION : LOWER COURT 02/51/0025 FILE NUMBER(S) : LOWER COURT Freeman DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60037/2003

MEAGHER JA DOWD J BARR J

Friday 14 March 2003 REGINA v JOEL DAVISON (aka Andrew William ECKERMAN) Judgment

1 MEAGHER JA: I agree with Dowd J. 2 DOWD J: The appellant, who also is known by the name Andrew William Eckerman, has appealed against his conviction on two charges pursuant to s97 (2) of the Crimes Act 1900 ("the Act") that on 28 November 2001 at Coffs Harbour he did first, rob one Terrence Ablett of forty dollars whilst then being armed with a dangerous weapon, to wit, a large, kitchen style knife; secondly, that on 29 November 2001, at Woolgoolga, he did rob Amber Maher of ninety dollars in cash, the property of a Mobil Service Station, whilst then being armed with a dangerous weapon, to wit, a large kitchen style knife. 3 On 12 February 2002 the appellant was committed for sentence to the District Court under s51A of the Justices Act 1902 where a sentence hearing was conducted by Freeman DCJ on 17 April 2002. On 22 April 2002 his Honour sentenced the appellant on the first count to imprisonment for six years with a non-parole period of three and a half years. An identical term was imposed on the second count, both sentences commencing from the appellant's entry into custody on 29 November 2001. 4 An application was made by the appellant for leave to appeal against the sentences on 11 May 2002. The appellant now seeks an extension of time for leave to appeal against his convictions on the ground that a miscarriage of justice has occurred, on the basis that the evidence does not support the charges to which the appellant pleaded guilty. 5 In the circumstances of this matter I would grant leave to extend a time to bring the appeal.