Regina v Korkmazer

FITZGERALD JA: Concessions frankly made by the prosecution illustrate that this proceeding has been attended with insufficient care in the Local Court and the District Court and has miscarried.

Shortly stated, the appellant has been convicted and sentenced for an offence against s 33 of the Crimes Act 1900, whereas at most he pleaded guilty to an offence against s 35 of that Act or that is, at the very least, an arguable position.

Accordingly, the parties are agreed that the appropriate course is that leave to appeal should be granted, the appeal upheld, the conviction and sentence quashed and the proceeding before the justice or justices at which the appellant pleaded guilty be continued, at a time and place to be specified by the magistrate who conducted the committal proceeding on 25 February 1998 or, failing that, by the Chief Magistrate.