NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Knight [2004] NSWCCA 145 HEARING DATE(S) : 29/04/2004 JUDGMENT DATE : 14 May 2004
JUDGMENT OF : Grove J at 1; Simpson J at 2; Howie J at 3 DECISION : Leave to appeal is granted but the appeal is dismissed. The matter is to be remitted to the District Court only for the purpose of that Court sentencing the applicant in respect of count 25 on the committal document.
CATCHWORDS : Criminal Law and Procedure - Sentencing for fraud offences - whether cumulative sentences warranted - whether sentencing discretion affected by the number of offences - Appeal - no sentence imposed for one offence - whether court should remit the matter. Justices Act 1902 - s 52A (now repealed) LEGISLATION CITED : Crimes Act 1914 (Cth) - ss 19AB, 29D (now repealed) Criminal Code (Cth) - s 134.2, 135.1 Passports Act 1938 R v Knight [2001]NSWCCA 114 R v Knight [2001] NSWCCA 344 Pearce v The Queen (1998) 194 CLR 610 CASES CITED : R v El-Hayek [2004] NSWCCA 25 Wilkins (1988) 38 A Crim R 445 Gorman [2002] NSWCCA 516 Johnson v The Queen [2004] HCA 15 Veen v The Queen (No.2) 164 CLR 465 PARTIES : Regina v John Adrian Knight FILE NUMBER(S) : CCA 60447/03 COUNSEL : M. Cinque - Crown J. Hickleton - Applicant SOLICITORS : Commonwealth DPP - Crown Catherine Hunter, Solicitor - Applicant
LOWER COURT District Court JURISDICTION : LOWER COURT 02/11/0817 FILE NUMBER(S) : LOWER COURT Backhouse DCJ JUDICIAL OFFICER :
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