Singh v R [2013] NSWCCA 186

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Singh v R [2013] NSWCCA 186 Hearing dates: 2 August 2013 Decision date: 02 August 2013 Before: Simpson J at [1]; Price J at [9]; R A Hulme J at [10] Decision: (i) Grant leave to appeal; (ii) Appeal against conviction on each count upheld; (iii) Each conviction quashed; (iv) Each count remitted to the District Court to be dealt with according to law. Catchwords: CRIMINAL LAW - appeal - conviction - Crown concession - appellant mistakenly convicted and sentenced for offence pursuant to s 111(3) of the Crimes Act 1900 contrary to plea agreement made between appellant and Crown - appellant ought to have been convicted and sentenced under s 111(2) of the Crimes Act 1900 - plea to s 111(3) charge not a true acknowledgement of appellant's guilt - conviction set aside - convictions on remaining counts also set aside as being tainted by error - matter remitted to District Court to be dealt with according to law Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Category: Principal judgment Parties: Gurwinder Singh (Appellant) Regina (Respondent) Representation: Counsel: M Phelps (Appellant) T Smith (Respondent) Solicitors: O'Brien Solicitors (Appellant) S Kavanagh - Solicitor for Public Prosecutions (Respondent) File Number(s): 2009/323284 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-09-08 00:00:00 Before: Berman J File Number(s): 2009/323284