Wayne v Cornford

[2013] NTSC 1

Supreme Court of the Northern Territory

Built by Barristers,
For Australian Law.

1. Justices Appeal
2. › CRIMINAL LAW
3. › Appeal against sentence
4. › denial of procedural fairness
5. › submissions that appellant had capacity to pay a fine rejected by the sentencing magistrate
6. › failure to provide an opportunity to the appellant to call evidence in relation to the appellant’s capacity to pay fines
7. › a real possibility that the assumption made by the learned magistrate contributed to the conclusion not to impose a fine
8. › appeal allowed
1. Justices Act s 177(2)
1. Sentencing Act
1. Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321; Development Consent Authority v Phelps [2010] NTCA 3; R v Tait (1979) 24 ALR 473; Van Toorenburg v Westphal [2011] NTSC 31; followed

Citation[2013] NTSC 1

CourtNTSC

JurisdictionNorthern Territory

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