Fitz v Cassidy and Fitz v Lyons [2023] NTSC 98 — Appeal & Bail Act 1982 (NT) S 37B — Barrister AI
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Fitz v Cassidy and Fitz v Lyons
[2023] NTSC 98
Supreme Court of the Northern Territory
Good law / bad law (Silk subscription)
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Interrogate
Catchwords
+5 more
Practice and Procedure
›
Appeal
›
Application for extension of time to institute an appeal
›
Whether Court should dispense with compliance of conditions precedent
›
Appellant did everything reasonably practicable
›
Application granted
Criminal Law
›
Appeal
›
Appeal against conviction
›
Trial Judge misapplied the rule in Browne v Dunne
›
Whether irregularity constitutes a miscarriage of justice
›
Application of the proviso
›
The appellant’s evidence was so glaringly improbable as to be incapable of belief
›
Significant denial of procedural fairness
›
Substantial miscarriage of justice
›
Appeal allowed
Criminal Law
›
Appeal
›
Appeal against sentence
›
Concurrency
›
Trial Judge erroneously sentenced the appellant for a breach of domestic violence order instead of breach of bail
›
Appeal allowed
Criminal Law
›
Appeal
›
Appeal against sentence
›
Manifest excess
›
Appellant committed aggravated assault while on bail for another offence involving domestic violence
›
Sentence within range
›
Appeal dismissed
Case Details
Citation
[2023] NTSC 98
Court
NTSC
Jurisdiction
Northern Territory
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[2023] NTSC 98
12 authorities it relies on
1987
1994
2001
2008
2015
2023
Relies on
12
2021
Orreal v The Queen
HCA 44
2021
Hofer v The Queen
HCA 36
2020
Rigby v Benfell
NTCA 9
2017
SB v Andrew Heath
NTSC 13
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