Tweeddale v Regina [2012] NSWCCA 99

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Tweeddale v Regina [2012] NSWCCA 99 Hearing dates: 17 February 2012 Decision date: 21 May 2012 Before: Beazley JA at [1]; Hidden J at [54]; Rothman J at [58] Decision: (1) Appeal against conviction of the charge under the Crimes Act 1900, s 321(1)(a) allowed; (2) The conviction on the charge under the Crimes Act 1900, s 321(1)(a) recorded in the District Court be quashed; (3) Pursuant to the Criminal Appeal Act 1912, s 8A, the proceedings be continued before the Local Court at Orange on the first date available that is convenient to the Court and to the parties; (4) Grant leave to appeal against the sentence imposed in respect of the charge under the Crimes Act 1900, s 35(4); (5) Appeal against the sentence imposed in respect of the charge under the Crimes Act 1900, s 35(4) allowed; (6) Sentence the appellant to imprisonment for a non-parole period of 2 years and 8 months commencing on 11 January 2011 and expiring on 10 September 2013 and an additional term of 1 year and 6 months expiring on 10 March 2015. The first date upon which the appellant is eligible for release is 10 September 2013. Catchwords: CRIMINAL LAW - Crimes Act 1900, s 321(1)(a) - Appeal against conviction - Plea of guilty - Whether plea was entered in circumstances amounting to a miscarriage of justice - Plea of guilty to offence particularised in indictment should not have been accepted - Conviction on charge under Crimes Act 1900, s 321(1)(a) quashed - Order for committal proceedings to be continued pursuant to Criminal Appeal Act 1912, s 8A - Appeal allowed