NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Barrett v Director of Public Prosecutions [2006] NSWCCA 210
HEARING DATE(S): 7 February 2006
JUDGMENT DATE: 14 July 2006
JUDGMENT OF: Hunt AJA at 1; Adams J at 16; Latham J at 17
DECISION: Time for filing Stated Case extended to 30 November 2005; The Court answers Question 1: "Does not arise"; The Court answers Question 2 (by majority) : "Does not arise".
CATCHWORDS: Criminal Law: revocation of s 12 bond where sentence originally imposed contrary to law - whether Magistrate exercising power under s 43 Crimes (Sentencing Procedure) Act 1999 when imposing different sentence after revocation - whether revocation appealable under s 11 Crimes (Local Courts Appeal and Review) Act 2001
Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Crimes (Local Courts Appeal and Review) Act 2001 Criminal Appeal Act 1912
Regina v Tolley [2004] NSWCCA 165 CASES CITED: R v Graham [2004] NSWCCA 420 ; (2004) 62 NSWLR 252 Erceg v District Court (NSW) (2004) 143 A Crim R 455 at 475
PARTIES: Stephen Barrett - Appellant Director of Public Prosecutions - Respondent
FILE NUMBER(S): CCA 2005/2398
COUNSEL: AC Haesler SC - Appellant RD Cogswell SC/L Judd - Respondent
SOLICITORS: S O'Connor - Appellant S Kavanagh - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/62/0283
LOWER COURT JUDICIAL OFFICER: Phegan DCJ
LOWER COURT DATE OF DECISION: 22 September 2005
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL 2005/2398
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