NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : Regina v K [2000] NSWCCA 24 FILE NUMBER(S) : CCA 60597/99 HEARING DATE(S) : 9/2/2000 JUDGMENT DATE : 24 February 2000
PARTIES : Regina K JUDGMENT OF : Grove J at 1; Sully J at 2; Simpson J at 31
LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 70076/97 LOWER COURT JUDICIAL Hulme J OFFICER :
COUNSEL : L.M.B. Lamprati - Crown M. Ierace SC - Respondent SOLICITORS : S. E. O'Connor - Crown Muggenthaler & Assoc. - Respondent
LEGISLATION CITED : Crimes Act (1900) NSW Reg v Isaacs (1997) 41 NSWLR 374 CASES CITED: Ex parte Corbishley; Re Locke [1967] 2 NSWR 547 at 549 Reg v Astill (No. 2) [1992] 64 A Crim R 289 at 303,304 DECISION : Crown appeal dismissed.
IN THE COURT OF CRIMINAL APPEAL
60597/99
GROVE J SULLY J SIMPSON J
24 February 2000
REGINA v K
JUDGMENT
1 GROVE J: I agree with Sully J.
IN THE COURT OF CRIMINAL APPEAL
60597/99
GROVE J SULLY J SIMPSON J
24 February 2000
REGINA v K
JUDGMENT
2 SULLY J: This is a Crown appeal from a penalty imposed by Hulme J. The respondent to the appeal is a young man as to whom Hulme J ordered that there be entification other than by the pseudonym 'K' in any report of the proceedings before his Honour, including the proceedings on sentence. His Honour ordered, in addition, that there be no publication of persons named in the relevant files of the Department of Community Services as persons to whose care 'K' was entrusted in past years, otherwise than by their respective initials. In my opinion this Court should continue those orders. In what follows, I shall refer to 'K' either by that pseudonym, or as "the respondent". 3 On 17 May 1999 the respondent was presented for trial upon an indictment charging that he had murdered, on or about 24 October 1996, one Geoffrey Boyson. I shall refer in what follows to Mr. Boyson either by name or as "the deceased". 4 To that indictment the prisoner pleaded not guilty. He was put, accordingly, upon his trial by jury. The trial continued until 8 June 1999, on which day the jury found the respondent not guilty of murder but guilty of manslaughter. On 15 September 1999 the respondent stood for sentence. Hulme J deferred, pursuant to s.558 of the Crimes Act 1900 (NSW), the passing of sentence, and ordered the release of the respondent upon his entering into a recognisance, without surety, in the sum of $500, for a period of 4 years, such recognisance to include the following conditions:
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