Regina v Kemsley [2003] NSWCCA 221

New South Wales Court of Criminal Appeal

CITATION : Regina v Kemsley [2003] NSWCCA 221 HEARING DATE(S) : 8 August 2003 JUDGMENT DATE : 8 August 2003

JUDGMENT OF : Wood CJ at CL at 1, 50, 52; Simpson J at 2; Adams J at 51 DECISION : (i) appeal against conviction dismissed; (ii) leave to appeal against sentence granted, appeal dismissed

CATCHWORDS : appeal against conviction - application to appeal against severity of sentence - aggravated robbery - evidence adduced from witness Crimes Act 1900, s95(1) LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999, s44(2) Criminal Appeal Act 1912, s6 Evidence Act 1995, Part 3, ss135 & 137 CASES CITED : R v Birks (1990) 19 NSWLR 677 PARTIES : Crown - Respondent Jason Anthony Kemsley - Appellant FILE NUMBER(S) : CCA 60180/03 COUNSEL : D Frearson - Crown P Byrne SC - Appellant SOLICITORS : SE O'Connor - Crown C Bilinsky - Appellant

LOWER COURT District Court JURISDICTION : LOWER COURT 02/31/2056 FILE NUMBER(S) : LOWER COURT Cooper DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL 60180/03

WOOD CJ at CL SIMPSON J ADAMS J

Friday 8 August 2003 REGINA v Jason Anthony KEMSLEY Judgment 1 WOOD CJ AT CL: I will ask Simpson J to give the first judgment. 2 SIMPSON J: This is an appeal against the conviction of the appellant by a jury on 19 March 2003 of a charge of aggravated robbery. The circumstance of aggravation alleged, and found by the jury to be proved, was the use of corporal violence. The appellant also seeks leave to appeal against the severity of the sentence of imprisonment for two years with a non-parole period of twelve months subsequently imposed upon him.