Regina v Killick [2002] NSWCCA 54

New South Wales Court of Criminal Appeal

CITATION : Regina v Killick [2002] NSWCCA 54 FILE NUMBER(S) : CCA 60864/00 HEARING DATE(S) : 4 March 2002 JUDGMENT DATE : 4 March 2002

PARTIES : Regina v John Reginald Killick JUDGMENT OF : O'Keefe J at 1,29; 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 (C) W G Dawe QC SOLICITORS : (A) In Person (C) S E O'Connor CATCHWORDS : Sentencing - Application to re-open based on health grounds - further reductions in sentences refused LEGISLATION CITED : Nil CASES CITED: R v Spagnolo (2000) VSCA 126 DECISION : Application to further reduce sentences dismissed. The orders of the Court made herein on 4 January 2002 and today are to be passed and entered forthwith.

IN THE COURT OF CRIMINAL APPEAL 60864/00 O'KEEFE J SMART AJ

Monday 4 March 2002

REGINA v JOHN REGINALD KILLICK JUDGMENT

1 O'KEEFE J: I will ask Smart AJ to deliver the first judgment in this matter.

2 SMART AJ: On 4 January 2002 Mr Killick applied to have this Court reconsider the judgment it delivered that day. The Court's orders have not been passed and entered pending the determination of Mr Killick's application. In the event of the Court agreeing to reconsider its judgment, Mr Killick, who represented himself capably, seeks to have his sentences further reduced. This judgment should be read with the Court's judgment of 4 January 2002.

3 In his submissions of 4 January 2002 Mr Killick contended that during his sentencing hearing in the District Court in December 2000 and the hearing of his application for leave to appeal and the appeal before this Court his health was not a major issue. Mr Killick has written that in the month prior to his sentencing hearing his blood pressure readings were fairly good and that in the two months prior to the hearing of his appeal (April 2001) his readings were reasonable. This Court was aware of Mr Killick's hypertension/blood pressure problems.