R v Kim

Case

[2020] NSWDC 589

17 September 2020


Details
AGLC Case Decision Date
R v Kim [2020] NSWDC 589 [2020] NSWDC 589 17 September 2020

CaseChat Overview and Summary

The appellant was convicted of attempted sexual intercourse without consent. He appealed against his conviction and sentence. The appeal was heard by the Court of Appeal of the Supreme Court of the State. The appellant argued that the trial judge should not have conducted the trial without a jury. The trial judge was not satisfied that the appellant was fit to be a juror and therefore conducted the trial as a judge alone trial. The appellant argued that this was a breach of his right to a trial by jury.

The court considered whether the trial judge was correct to conduct the trial as a judge alone trial. The court noted that the trial judge was satisfied that the appellant was not fit to be a juror and that there was no evidence to the contrary. The court found that the trial judge was correct to conduct the trial as a judge alone trial. The court also considered the appellant's argument that the evidence was insufficient to support a conviction. The court found that the evidence was sufficient to support a conviction. The court also considered the appellant's sentence. The court found that the sentence was appropriate.

The appellant's appeal against his conviction and sentence was dismissed. The trial judge was correct to conduct the trial as a judge alone trial. The evidence was sufficient to support a conviction. The sentence was appropriate. The court ordered that the appellant be imprisoned for a term of four years and six months, with a non-parole period of three years.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Attempt

  • Sexual Assault

  • Consent

  • Sentencing

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

2

Cahyadi v R [2007] NSWCCA 1
Pearce v The Queen [1998] HCA 57
R v Kim [2020] NSWDC 405