Lavorato v Regina [2012] NSWCCA 61

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Lavorato v Regina [2012] NSWCCA 61 Hearing dates: 10 February 2012 Decision date: 17 April 2012 Before: Basten JA at 1; RS Hulme J at 52; Schmidt J at 64; The Court at 129 Decision: 1. Answer questions 1, 2 and 3(b) in the negative and questions 3(a), 4, 5 and 6 in the affirmative. 2. Set aside the orders of the District Court. 3. Remit the matter to the District Court for disposal in accordance with law. 4. The Crown to pay the applicant's costs of the stated case. Catchwords: COSTS - case stated pursuant to Criminal Appeal Act 1912 (NSW), s 5B - whether "an appeal" within the meaning of Criminal Appeal Act 1912 (NSW), s 17 - whether costs can be ordered

CRIMINAL LAW - appeal - procedure - case stated pursuant to Criminal Appeal Act 1912 (NSW), s 5B - whether appropriate for trial judge to identify findings of fact other than those identified in the judgment - whether extension of time to submit stated case should be granted

CRIMINAL LAW - appeal - sentencing - application pursuant to Crimes (Sentencing Procedure) Act 1999 (NSW), s 10 - whether failure to consider facts relied upon by applicant or other relevant matters amounted to an error of law - whether failure to make factual findings and consider submissions amounted to an error of law - whether failure to consider mitigating factors specified in Crimes (Sentencing Procedure) Act, s 21A amounted to an error of law - whether s 10 is available to a person charged with a strict liability offence