R v Koh [2001] NSWCCA 324

R v Koh [2001] NSWCCA 324

The sentence is quashed and the matter remitted to the District Court for redetermination, as the appellate court cannot be satisfied of the evidence relied on in the sentencing due to uncertainty in the record.

Parties
Prosecution: Regina; Applicant: Yee Fang Koh
Jurisdiction
Australia
Judgment Date
15 August 2001
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
sentence quashed; matter remitted for redetermination
Legal Topics
Sentencing, Conspiracy, Uncertainty as to Record of Proceedings
Criminal Law Sentencing Conspiracy Uncertainty as to Record of Proceedings

Case Brief

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Parties

Regina

Prosecution

Yee Fang Koh

Applicant

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed on the applicant should be set aside and the matter remitted for redetermination due to uncertainty as to what was admitted into evidence at the sentencing hearing.

Ratio Decidendi

The sentence is quashed and the matter remitted to the District Court for redetermination, as the appellate court cannot be satisfied of the evidence relied on in the sentencing due to uncertainty in the record.

Court Disposition

sentence quashed; matter remitted for redetermination

Orders

  • The sentence is quashed.
  • The matter is remitted to the District Court for redetermination of the sentence.