NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Kokaua v Regina [2008] NSWCCA 111
HEARING DATE(S): 19/05/2008
JUDGMENT DATE: 26 May 2008
JUDGMENT OF: James J at 1; Hislop J at 2; Hoeben J at 3
DECISION: Leave to appeal is granted. Appeal is dismissed.
CATCHWORDS: CRIMINAL LAW - Sentence appeal - misstatement of fact in remarks on sentence - mental illness and deterrence - whether sentence should have been backdated - whether sentence manifestly excessive.
LEGISLATION CITED: Crimes Act 1900 Criminal Appeal Act 1912
Callaghan v R [2006] NSWCCA 58 R v Engert (1995) 84 A Crim R 67 CASES CITED : R v Jones (NSWCCA, 30 June 1994) R v Simpson (2001) 53 NSWLR 704 at [79]. R v Wright (1997) 93 A Crim R 48 Scognamiglio v R (1991) 56 A Crim R 81
PARTIES: Jack Kokaua - Applicant Regina - Respondent Crown
FILE NUMBER(S): CCA 2007/00002998
COUNSEL: Mr T Gartelmann - Applicant Ms J Dwyer - Respondent Crown
SOLICITORS: Mr S O'Connor - Legal Aid Commission - Applicant Mr S Kavanagh - Solicitor for Public Prosecutions - Respondent Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/11/0111
LOWER COURT JUDICIAL OFFICER: Donovan DCJ
LOWER COURT DATE OF DECISION: 11/05/2007
IN THE COURT OF CRIMINAL APPEAL 2007/00002998
JAMES J HISLOP J HOEBEN J
Monday, 26 May 2008 Jack KOKAUA v REGINA Judgment 1 JAMES J: I agree with Hoeben J and the orders he proposes. 2 HISLOP: I agree with Hoeben J and the orders he proposes. 3 HOEBEN J: Offence and sentence The applicant pleaded guilty to one count of assault with intent to rob contrary to s94 of the Crimes Act 1900 committed on 27 May 2006. The offence carries a maximum penalty of imprisonment for 14 years. 4 The applicant was sentenced by his Honour Judge Donovan QC in the Sydney District Court on 11 May 2007. He was sentenced to imprisonment with a non-parole period of 1 year and 9 months to commence on 30 January 2007 and to expire on 29 October 2008 with a balance of term of 1 year and 9 months to expire on 29 July 2010. 5 The applicant seeks leave to appeal from this sentence.
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