NSW Caselaw
Land and Environment Court of New South Wales
CITATION : George Kenneth Kwong v Baulkham Hills Shire Council [2008] NSWLEC 199
PARTIES : George Kenneth Kwong (Appellant) Baulkham Hills Shire Council (Respondent)
FILE NUMBER(S) : 60004 of 2008
CORAM: Jagot J
KEY ISSUES: Prosecution :- Appeal against conviction and sentence by Local Court - entry of guilty plea before Local Court - application for leave following guilty plea to change plea to not guilty - necessity to identify a question of law alone - leave to appeal out of time - if question of law alone no miscarriage of justice - appeal against conviction dismissed - leave granted for appeal against sentence out of time - appeal against sentence dismissed
Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Criminal Appeal Act 1912 Environmental Planning and Assessment Act 1979 Fines Act 1996
Great Lakes Council v Mood (2007) 157 LGERA 35 Hura (2001) 121 A Crim R 472 KCH (2001) 124 A Crim R 233 Krishna v Director of Public Prosecutions (NSW) [2007] NSWCCA 318 CASES CITED: Lin v Fairfield City Council [2007] NSWLEC 568 Piras v The Queen (2006) 167 A Crim R 260 R v Foley [1963] NSWR 1270 R v JS (2007) 175 A Crim R 108 Williams v The Queen (1986) 161 CLR 278
DATES OF HEARING: 23 June 2008
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