NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Kitchener [2003] NSWCCA 134 revised - 31/07/2003 HEARING DATE(S) : 30 April 2003 JUDGMENT DATE : 13 May 2003
JUDGMENT OF : Wood CJ at CL at 1; Simpson J at 2 DECISION : (i) leave to appeal granted; (ii) appeals allowed, sentences quashed; (iii) in lieu thereof the applicant sentenced as follows: Count One - imprisonment for a fixed term of four years and six months to commence from 1 January 2001 and expire on 30 June 2005; Count Two - imprisonment for eight years to commence from 1 January 2001 and expire on 31 December 2008; non-parole period of six years to expire on 31 December 2006.
CATCHWORDS : application to appeal against severity of sentence - proportionality - "double punishment" - sentences manifestly excessive LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 (NSW), Part 3 Division 3 CASES CITED : R v Kaiva NSWCCA , unreported, 9 November 1998 R v Parkinson [2001] NSWCCA 244, unreported, 27 June 2001 (revised 1 July 2001) PARTIES : Crown - Respondent Robert Keith Kitchener - Applicant FILE NUMBER(S) : CCA 60692/01 COUNSEL : LMB Lamprati - Crown AC Haesler - Applicant SOLICITORS : SE O'Connor - Crown DJ Humphreys - Applicant
LOWER COURT District Court JURISDICTION : LOWER COURT 01/21/1050 FILE NUMBER(S) : LOWER COURT Gibson DCJ JUDICIAL OFFICER :
IN THE COURT OF CRIMINAL APPEAL 60692/01
WOOD CJ at CL SIMPSON J
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