Roberts v R [2010] NSWCCA 256

New South Wales Court of Criminal Appeal

CITATION: Roberts v R [2010] NSWCCA 256 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 5 November 2010

JUDGMENT DATE: 5 November 2010

JUDGMENT OF: Simpson J at 6, 8; Schmidt J at 7; Howie AJ at 1

EX TEMPORE JUDGMENT DATE: 5 November 2010

DECISION: 1. That the appeal in respect of conviction on the second count on the indictment be allowed and the conviction and sentence quashed. 2. In respect of the first count on the indictment the matter should be remitted to the District Court under s 12 of the Criminal Appeal Act 1912.

LEGISLATION CITED: Criminal Appeal Act 1912, s12

CATEGORY: Principal judgment

PARTIES: Landan Roberts - Applicant Regina - Crown

FILE NUMBER(S): CCA 2009/8512

COUNSEL: C Nash - Applicant P Hastings QC - Respondent

SOLICITORS: Ms V Havryliv, Ford Criminal Lawyers - Applicant Commonwealth Director of Public Prosecutions - Respondent

LOWER COURT JURISDICTION: District Court

LOWER COURT JUDICIAL OFFICER: Williams DCJ

LOWER COURT DATE OF DECISION: 9 April 2010

- 2 - IN THE COURT OF CRIMINAL APPEAL 2009/8512

SIMPSON J SCHMIDT J HOWIE AJ

FRIDAY 5 NOVEMBER 2010 LANDAN ROBERTS v REGINA Judgment (Ex Tempore) 1 HOWIE AJ: In this matter an appeal was lodged in respect of a conviction after the applicant pleaded guilty to two offences in the District Court and had been sentenced. The matter came by way of appeal to this Court against conviction on one offence and an application for leave to appeal against the sentence that was imposed for the other offence.