Isles v Lyons [2016] NTSC 11 — Appeal Against Conviction & Appeal Against Sentence — Barrister AI

Isles v Lyons

[2016] NTSC 11

Supreme Court of the Northern Territory

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Interrogate

Catchwords

1. Criminal Law
2. › APPEAL AGAINST CONVICTION
3. › Justices Act (NT) s 171(2)
4. › where appeal out of time
5. › appellant argued Christmas period shutdown stipulated by rule 3.04(1) of Supreme Court Rules applied
6. › Rule 3.04(1) applies only to time fixed by Supreme Court Rules or judgments or orders fixing, extending or bridging time
7. › does not apply to timing of appeals
8. › leave to appeal not granted.
1. Criminal Law
2. › APPEAL AGAINST CONVICTION
3. › Justices Act (NT) s 165
4. › where appellant seeks exemption from need to comply with stipulated time limits in Act where reasonable attempt to comply has been made
5. › appellant applied for legal aid immediately after sentence
6. › failure to lodge appeal in time due to error of appellant’s solicitor
7. › no fault of appellant
8. › discretion to allow appeal in favour of applicant
9. › leave to appeal granted.
1. Criminal Law
2. › APPEAL AGAINST SENTENCE
3. › appellant claimed Magistrate erred in characterising offending as contemptuous
4. › where Magistrate fairly assessed appellant as not treating reporting obligations seriously
5. › where description of offending as contemptuous was excessive in circumstances
6. › sentence was manifestly excessive
7. › appeal upheld.
1. Justices Act (NT) s 165, s 171(2).

Case Details

Citation[2016] NTSC 11

CourtNTSC

JurisdictionNorthern Territory

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Cited by7

2026Kellie v Northern Territory of AustraliaNTCA 4
2024Northern Territory of Australia v KellieNTSC 73
2023Fitz v Cassidy and Fitz v LyonsNTSC 98
2019Nazbuck Pty Ltd v Development Consent Authority; Stanes Transport Pty Ltd v Development Consent Authority; Stanes v Development Consent AuthorityNTSC 14
and 3 more after sign-in

Relies on1

2014Swann v MoselNTSC 43

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