Regina v Ress [2000] NSWCCA 224

Regina v Ress [2000] NSWCCA 224

Given outstanding sentence and procedural issues related to presentation of evidence and findings below, leave was granted for the applicant to withdraw the appeal, preserving future rights following proper completion of District Court proceedings.

Parties
Respondent: Regina; Applicant: James Atilla Ress
Jurisdiction
Australia
Judgment Date
06 June 2000
Procedural Posture
Criminal Appeal / Application to Withdraw Appeal Prior to Sentence
Outcome
Leave to withdraw appeal granted
Legal Topics
Pleas of Guilty, Withdrawal of Pleas, Procedural Irregularities, Appeal Procedures
Criminal Law and Procedure Pleas of Guilty Withdrawal of Pleas Procedural Irregularities Appeal Procedures

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Regina

Respondent

James Atilla Ress

Applicant

Procedural Posture

Criminal Appeal / Application to Withdraw Appeal Prior to Sentence

Legal Issues

  1. 1 Whether the appeal against conviction should be permitted to proceed prior to sentence being passed
  2. 2 Whether leave should be granted to withdraw the appeal in light of procedural complications and pending sentence

Ratio Decidendi

Given outstanding sentence and procedural issues related to presentation of evidence and findings below, leave was granted for the applicant to withdraw the appeal, preserving future rights following proper completion of District Court proceedings.

Court Disposition

Leave to withdraw appeal granted

Orders

  • Leave to withdraw the appeal is granted to the appellant.