NSW Caselaw
Reported Decision : 155 A Crim R 37
New South Wales Supreme Court
Ming Yuk (Raymond) Wong v The Director of Public Prosecutions [2005] NSWSC 129 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 24/02/2005
JUDGMENT DATE : 3 March 2005
JUDGMENT OF : Howie J at 1
DECISION : Leave is granted to appeal against the decision of the second Magistrate on 11 August 2002 dismissing the plaintiff's application. The appeal is allowed and the order quashed. The matter is remitted to the Local Court to be heard according to law and conformably with this judgment. The defendant is to pay the costs of the plaintiff.
CATCHWORDS : Criminal Law - Practice and Procedure - Applications to withdraw a plea of guilty in Local Court - First application determined without evidence - Second application refused without hearing merits - Failure by second magistrate to exercise jurisdiction an error of law.
Crimes (Local Courts Appeal and Review) Act 2001 - ss 12, 53(3) LEGISLATION CITED : Crimes Act 1900 - s 61N(2)
DPP (NSW) v Scheibel (2004) A Crim R 576 R v Sewell [2001] NSWCCA 299 Hall v Nominal Defendant (1966) 117 CLR 423 R v Boag (1994) 73 A Crim R 35 CASES CITED : R v Van (2002) NSWCCA 148 Meissner v The Queen (1995) 184 CLR 132 Liberti (1991) 55 A Crim R 120 R v Allison (2003) 138 A Crim R 378
PARTIES : Ming Yuk (Raymond) Wong v The Director of Public Prosecutions
FILE NUMBER(S) : SC 12889/04
A. Howen - Plaintiff COUNSEL : J. Girdham - Defendant
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