R v Kaewklom (No. 4) [2013] NSWSC 504

Supreme Court New South Wales

Medium Neutral Citation: R v Kaewklom (No. 4) [2013] NSWSC 504 Hearing dates: 3 May 2013 Decision date: 03 May 2013 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: 1. The sentence passed on 8 February 2013 with respect to the offence of recklessly causing grievous bodily harm is set aside. 2. The Offender is convicted of the offence of recklessly causing grievous bodily harm on 10 February 2011. 3. For that offence, the Offender is sentenced to imprisonment comprising a non-parole period of two years and nine months commencing on 15 February 2011 and expiring on 14 November 2013, with a balance of term of one year commencing on 15 November 2013 and expiring on 14 November 2014. Catchwords: CRIMINAL LAW - sentence - application under s.43 Crimes (Sentencing Procedure) Act 1999 - committal for sentence for offence under s.33 Crimes Act 1900 - sentence proceedings transferred from District Court to Supreme Court to be linked with murder sentencing proceedings - parties proceed upon erroneous basis that committal for sentence for offence under s.35 Crimes Act 1900 - Offender sentenced for murder and s.35 offence - Crown application to reopen sentencing proceedings - common submission that sentence for s.35 offence was contrary to law - sentence reopened - fresh indictment presented - Crown accepts plea of guilty for s.35 offence - Offender sentenced according to law Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Criminal Procedure Act 1986 Cases Cited: R v Kaewklom (No. 3) [2013] NSWSC 59 Texts Cited: --- Category: Sentence Parties: Regina (Crown) Kukiat Kaewklom (Offender) Representation: Counsel: Ms GM O'Rourke (Crown) Ms JS Manuell SC (Offender) Solicitors: Director of Public Prosecutions (Crown) Elie Rahme & Associates (Offender) File Number(s): 2011/50515 Publication restriction: ---