REGINA v. KEIR [2004] NSWCCA 106

New South Wales Court of Criminal Appeal

CITATION : REGINA v. KEIR [2004] NSWCCA 106 HEARING DATE(S) : Wednesday 4 February 2004 JUDGMENT DATE : 19 May 2004

JUDGMENT OF : Dunford J at 1; Greg James J at 1; Buddin J at 1 DECISION : Grant leave to appeal; allow the appeal; confirm the sentences on each count; vary the recognisance release order to the extent that the applicant is to be released after serving two months and 21 days upon entering into the recognisance specified by the sentencing judge.

CATCHWORDS : Criminal law - sentence - appeal - lengthy course of pension fraud - elderly ill applicant - full time custody called for - sentencing judge expected custody in hospital or not in maximum security - applicant put in maximum security to be out of hospital but close to it - suffered consequential heart attacks requiring removal to hospital - further attack when taken to court - necessity to re-sentence to accord with sentencing judge's expectations. LEGISLATION CITED : Crimes Act (Cth) 1914 Criminal Appeal Act 1912 Vachalec (1981) 1 NSWLR 351 L (CCA, unreported 17 June 1996) Munday [1981] 2 NSWLR 87 Jones (1993) 70 A. Crim. R. 449 Goodwin (1990) 51 A. Crim. R. 328 CASES CITED : Bradley [2004] NSWCCA 88 Wilson v. Department of Corrective Services (1997) 93 A. Crim. R. 301 Jenkins (CCA, unreported 14 July 1993) Price (CCA, unrpeorted 2 September 1993) Scullion (CCA, unreported 15 July 1992) Ehrenburg (Loveday, J. unreported 14 December 1990) Bailey (1988) 35 A. Crim. R. 458 PARTIES : REGINA v. KEIR, Hugh Frances William FILE NUMBER(S) : CCA No. 60014 of 2004 COUNSEL : Crown: T. Muir App: P. Byrne, SC. SOLICITORS : Crown: Commonwealth Director of Public Prosecutions App: Armstrong Legal