KWOK v REGINA (No. 2) [2007] NSWCCA 314

KWOK v REGINA (No. 2) [2007] NSWCCA 314

Because the earlier re-sentencing orders omitted commencement dates required by s19(2) of the Crimes Act 1914 (C'th) and omitted security for the recognizance release order required by s20(1)(b) of that Act, the proceedings were re-opened pursuant to s43 of the Crimes (Sentencing Procedure) Act (NSW) and the appellant was re-sentenced with those matters specified.

Jurisdiction
Australia
Judgment Date
15 November 2007
Procedural Posture
Criminal Appeal Against Sentence; Proceedings Re Opened / Court of Criminal Appeal Re Sentencing After Proceedings Re Opened Pursuant to S43 of the Crimes (sentencing Procedure) Act 1999
Outcome
Proceedings re-opened pursuant to s43 of the Crimes (Sentencing Procedure) Act 1999 and appellant re-sentenced.
Legal Topics
['appeal Against Sentence' 're Sentencing' 'periodic Detention' 'recognizance Release Order' 'commencement Dates for Sentences']
['criminal Law' 'sentencing'] ['appeal Against Sentence' 're Sentencing' 'periodic Detention' 'recognizance Release Order' 'commencement Dates for Sentences']

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Procedural Posture

Criminal Appeal Against Sentence; Proceedings Re Opened / Court of Criminal Appeal Re Sentencing After Proceedings Re Opened Pursuant to S43 of the Crimes (sentencing Procedure) Act 1999

Legal Issues

  1. 1 ["Whether the re-sentencing orders should be corrected because no commencement dates were specified for the sentences as required by s19(2) of the Crimes Act 1914 (C'th)." "Whether the recognizance release order should be corrected because no security was imposed as required by s20(1)(b) of the Crimes Act 1914 (C'th)." 'Whether the proceedings should be re-opened pursuant to s43 of the Crimes (Sentencing Procedure) Act (NSW).']

Ratio Decidendi

Because the earlier re-sentencing orders omitted commencement dates required by s19(2) of the Crimes Act 1914 (C'th) and omitted security for the recognizance release order required by s20(1)(b) of that Act, the proceedings were re-opened pursuant to s43 of the Crimes (Sentencing Procedure) Act (NSW) and the appellant was re-sentenced with those matters specified.

Court Disposition

Proceedings re-opened pursuant to s43 of the Crimes (Sentencing Procedure) Act 1999 and appellant re-sentenced.

Orders

  • ['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 the second sentence the...