Regina v Kane [2001] NSWCCA 150

New South Wales Court of Criminal Appeal

CITATION : Regina v Kane [2001] NSWCCA 150 FILE NUMBER(S) : CCA 60717/00; 60780/00 HEARING DATE(S) : 19/04/01 JUDGMENT DATE : 3 May 2001

PARTIES : Regina v Peter Clive Basil Kane JUDGMENT OF : Handley JA at 1; Ipp AJA at 2; Greg James J at 90

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 70087/97 LOWER COURT JUDICIAL Barr J OFFICER :

COUNSEL : T A Game SC (Appellant) L M B Lamprati (Crown) SOLICITORS : North & Badgery (Appellant) S E O'Connor (Crown) CATCHWORDS : CRIMINAL LAW - Appeal against conviction - arrest and detention unlawful - knowledge of reason for arrest - intention of police to bring accused before magistrate as soon as practicable - lack of evidence as to arresting officer's intention - common purpose doctrine - adequacy of directions to jury - no misunderstanding by jury as to judge's directions - provocation - whether rape of co-offender could properly amount to provocation - whether playing of pornographic video could properly amount to provocation - adequacy of direction to jury - directions appropriate - Crown appeal on sentence - accused sentenced at second trial after initial appeal succeeded and new trial ordered - sentence at second trial resulted in 18 month reduction - exercise of trial judge discretion as to sentence - sentencing discretion not limited by sentences imposed by other judges - Appeals dismissed. LEGISLATION CITED : Evidence Act 1995 Williams v The Queen (1986) 161 CL 278 R v Burns (unreported, NSWCCA, 19 August 1988) CASES CITED: Christie v Leachinsky [1947] AC 573 Tangye (1997) 92 A Crim R 545 Johns v The Queen (1980) 143 CLR 108 R v Jurisic (1998) 45 NSWLR 209 DECISION : Appellant's appeal against conviction dismissed; Crown appeal against sentence dismissed