Todd v Rex

[2024] NSWCCA 161

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Conviction appeal
4. › Plea of guilty
5. › Miscarriage of justice
6. › Whether agreed facts established elements of offence
7. › Whether applicant should be permitted to withdraw pleas of guilty
8. › Criminal Appeal Act 1912 (NSW), ss 5(1)(b)-(c), 6(1)
1. Criminal Law
2. › Appeal
3. › Sentence
4. › Remittal to court of trial
5. › Discretion to remit under s 12(2)
6. › Relevant considerations
7. › Criminal Appeal Act 1912 (NSW), s 12(2)
1. Criminal Law
2. › Firearms offences
3. › Attempt to manufacture pistol without licence or permit
4. › Whether acquisition of already-modified firearms with contemplation of future modification constitutes attempt to manufacture
5. › Firearms Act 1996 (NSW), ss 50A(2), 51CA

Quick Take

Where agreed facts tendered on a guilty plea do not as a matter of law establish the elements of the charged offence, the conviction will be quashed as a miscarriage of justice and the applicant permitted to withdraw the plea.

Case Details

Citation[2024] NSWCCA 161

CourtNSWCCA

JurisdictionNew South Wales

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Relies on2

2023R v Jacobs Group (Australia) Pty LtdNSWCCA 280
2015Nassr v RNSWCCA 284

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