NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: KWOK v REGINA (No. 2) [2007] NSWCCA 314
HEARING DATE(S): Not applicable
JUDGMENT DATE: 15 November 2007
JUDGMENT OF: Santow JA at 1; Hidden J at 1; Howie J at 1
DECISION: Proceedings re-opened pursuant to s43 of the Crimes (Sentencing Procedure) Act 1999. Appellant re-sentenced as follows: On the first count, imprisonment for nine months to be served by way of periodic detention, commencing on 24 February 2007; on the second count, imprisonment for nine months, also to be served by way of periodic detention, commencing on 24 August 2007. After serving three months of that sentence he is to be released on a recognizance, upon his giving security without sureties in the sum of $100, to be of good behaviour for a period of six months.
CATCHWORDS: CRIMINAL LAW: Successful appeal against sentence - appellant re-sentenced - technical defects in re-sentencing order - proceedings re-opened
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s43
PARTIES: James KWOK (Appellant) REGINA (Respondent)
FILE NUMBER(S): CCA 2006/5282 (formerly 2007/1146)
COUNSEL: W P Lowe (Appellant) R Beech-Jones SC (Respondent Crown)
SOLICITORS: Uther Webster & Evans (Appellant) Commonwealth Director of Public Prosecutions (Respondent Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2006/11/0330
LOWER COURT JUDICIAL OFFICER: Murrell DCJ
LOWER COURT DATE OF DECISION: 9 February 2007
IN THE COURT OF CRIMINAL APPEAL 2006/5282 (formerly 2007/1146)
SANTOW JA HIDDEN J HOWIE J
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate