NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Korgbara v R [2010] NSWCCA 176 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 30 July 2010
JUDGMENT DATE: 11 August 2010
JUDGMENT OF: Allsop P at 1; Hulme J at 2; McCallum J at 5
(1) that the time within which the application for leave to appeal against sentence may be filed be extended to the date on which the notice was received in the Registry. (2) that leave to appeal be granted. DECISION: (3) that the appeal be allowed. (4) that the sentences imposed by Ellis DCJ on 13 June 2007 be quashed. (5) that the matter be remitted to the District Court for re-sentence.
CATCHWORDS: CRIMINAL LAW - SENTENCE - statement tendered as agreed facts - applicant not in fact given opportunity to read statement before being asked to sign it - statement containing allegations as to inferences to be drawn from objective material - sentencing process miscarried.
Drug Misuse and Trafficking Act 1985 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
CATEGORY: Principal judgment
PARTIES: Ozone Emeka Korgbara Regina
FILE NUMBER(S): CCA 2007/3032
COUNSEL: P. Miller (Respondent/Crown) In person
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 05/21/0031
LOWER COURT JUDICIAL OFFICER: Ellis DCJ
LOWER COURT DATE OF DECISION: 13 June 2007
- 14 - IN THE COURT OF CRIMINAL APPEAL 2007/3032
ALLSOP P RS HULME J MCCALLUM J
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