Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kilpatrick v The Queen [2000] FCA 632
CRIMINAL LAW – sentence – where appellant convicted of two acts of indecency: one on a person under 10 years, pursuant to s 92K(1) of the Crimes Act 1900 (ACT); and another on a person under 16 years, pursuant to s 92K(2) of the Crimes Act 1900 (ACT) – whether sentence manifestly excessive. Crimes Act 1900 (ACT) – ss 92K(1) and (2), s 429C R v Tait & Bartley (1979) 24 ALR 472 approved Reg. v Howells [1999] 1 WLR 307 approved R v P (1992) 39 FCR 276 cited R v Dent (unreported, NSW Court of Criminal Appeal, 14 March 1991) cited Wilks v The Queen (unreported, Full Court of the Federal Court of Australia, 6 November 1992) cited
MARTIN JOSEPH KILPATRICK v THE QUEEN
A91 OF 1999
SPENDER, MILES & MATHEWS JJ CANBERRA
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A91 OF 1999
On appeal from a single Judge of the Supreme Court of the Australian Capital Territory
BETWEEN: MARTIN JOSEPH KILPATRICK
Applicant/Appellant
AND: THE QUEEN
Respondent
JUDGES: SPENDER, MILES & MATHEWS JJ
DATE OF ORDER: 11 February 2000
WHERE MADE: CANBERRA
THE COURT ORDERS THAT: 1. The applicant have leave to appeal out of time. 2. The appeals be allowed. 3. The sentences imposed on 9 July 1999 be set aside. 4. In lieu, the appellant on each count be sentenced to a term of imprisonment to expire on 11 February 2000. 5. The appellant be released forthwith. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A91 OF 1999
On appeal from a single Judge of the Supreme Court of the Australian Capital Territory
BETWEEN: MARTIN JOSEPH KILPATRICK
Applicant
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