Regina v Denis BRITTAIN

[1999] NSWCCA 450

CITATION:	Regina v Denis BRITTAIN [1999] NSWCCA 450
FILE NUMBER(S):	CCA 60407/93
HEARING DATE(S):	1December 1999
JUDGMENT DATE:	1 December 1999
PARTIES :	Regina Denis BRITTAIN - Applicant
JUDGMENT OF:	Wood CJ at CL at 1; Sully J at 1; Simpson J at 1

LOWER COURT JURISDICTION:	District Court
LOWER COURT FILE NUMBER(S) :	90/31/0749
LOWER COURT JUDICIAL OFFICER:	Hosking DCJ

COUNSEL:	P Berman - Crown T Game SC with R Burgess - Applicant
SOLICITORS:	S E O'Connor - Crown T A Murphy - Applicant
CATCHWORDS:
DECISION:	Appeal allowed. The conviction and sentence are quashed. The court will not order a new trial

IN THE COURT OF
CRIMINAL APPEAL

60407/93
WOOD CJ at CL
SULLY J
SIMPSON J


1 December 1999


REGINA v Denis BRITTAIN

Judgment

THE COURT :

1    I note that during the course of argument certain matters came to the attention of the Crown Prosecutor. Upon instructions it was conceded the appeal should be allowed. The conviction is quashed. As a matter of discretion it was also conceded that it would be appropriate for the Court to not order a new trial.

2    The order of the court is, therefore, that the appeal be allowed. The conviction and sentence are quashed. The Court will not order a new trial.

**********