R v KS [2005] NSWCCA 87

New South Wales Court of Criminal Appeal

CITATION: R v KS [2005] NSWCCA 87

HEARING DATE(S): 15 March 2005

JUDGMENT DATE: 15 March 2005

JUDGMENT OF: Tobias JA at 47, 49; Wood CJ at CL at 1; Buddin J at 48

DECISION: Crown appeal dismissed.

CATCHWORDS: CRIMINAL LAW - armed robbery - appeal by Director of Public Prosecutions - failure of Respondent to give evidence in accordance with undertaking given at time of sentencing

LEGISLATION CITED: Criminal Appeal Act 1912

R v Bagnell and Russell NSWCCA 10 June 1994 R v El-Sayed (2003) 57 NSWLR 659 R v Hammond (2002) 121 A Crim R 1 R v Hocking [2000] NSWCCA 339 R v J (1992) 64 A Crim R 441 CASES CITED: R v O'Brien NSWCCA 10 June 1993 R v SY and Anor [2003] NSWCCA 291 R v Thomson and Houlton (2000) 49 NSWLR 383 R v Walters and Watkins (1994) 33 NSWLR 612 R v Waqa [2004] NSWCCA 405

Regina PARTIES: KS

FILE NUMBER(S): CCA 2005/59

J Bennett SC (Crown) COUNSEL: H Dhanji

S Kavanagh SOLICITORS: S E O'Connor

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 02/21/3379

LOWER COURT JUDICIAL OFFICER: Sides J

- 12 - IN THE COURT OF CRIMINAL APPEAL 2005/59

TOBIAS JA WOOD CJ at CL BUDDIN J

Tuesday 15 March 2005 Regina v KS Judgment 1 WOOD CJ at CL: This is an appeal by the Director of Public Prosecutions pursuant to s 5DA of the Criminal Appeal Act, as a result of the Respondent's failure to give evidence in accordance with an undertaking, which he had given at the time when he was sentenced.