R v Killick [2002] NSWCCA 1

Reported Decision : (2002) 127 A Crim R 273

New South Wales Court of Criminal Appeal

CITATION : R v Killick [2002] NSWCCA 1 FILE NUMBER(S) : CCA 60864/00 HEARING DATE(S) : 2 and 3 April 2001 JUDGMENT DATE : 4 January 2002

PARTIES : Regina v John Reginald Killick JUDGMENT OF : O'Keefe J at 1; Smart AJ at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/11/0679 LOWER COURT JUDICIAL Mahoney DCJ OFFICER :

COUNSEL : (A) In Person (R) E Wilkins SOLICITORS : (A) In Person (R) S E O'Connor CATCHWORDS : Sentencing for serious multiple offences - correct commencement dates for subsequent sentences - must start at expiration of non-parole period of prior sentences - allowance for early plea of guilty - Law Reform - need for amendment of sentencing legislation to ensure total of head sentences not reduced, by reason of accumulation provisions, to an unacceptable level. LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Carrion 113 A Crim R 39 R v Thompson (2000) 49 NSWLR 282 CASES CITED: Mill v The Queen (1988) 166 CLR 59 Lavelle (1994) 72 A Crim R 402 Pearce v The Queen (1998) 194 CLR 610 DECISION : See para 80

IN THE COURT OF CRIMINAL APPEAL

60864 of 2000

O'KEEFE J SMART AJ

Friday 4 January 2002 REGINA v JOHN REGINALD KILLICK

JUDGMENT

1 O'KEEFE J: I agree with Smart AJ.

2 SMART AJ: Mr Killick, the applicant, who represented himself adequately, seeks an extension of time and leave to appeal against the alleged severity of a series of sentences imposed upon him in the District Court on 21 December 2000 pursuant to his pleas of guilty. The sentencing judge intended to impose head sentences totalling 28 years and non-parole periods totalling 15 years, both commencing on 9 May 2000.