NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION : R v Kay [2004] NSWCCA 130 HEARING DATE(S) : 4 May 2004 JUDGMENT DATE : 5 May 2004
JUDGMENT OF : McColl JA at 1; Levine J at 38; Hidden J at 39 DECISION : Application for leave to appeal granted but appeal dismissed.
CATCHWORDS : CRIMINAL LAW - SENTENCING - application for leave to appeal against severity of sentence - whether sentencing judge failed to allow a discount in sentence having regard to alleged delay in prosecution and steps towards rehabilitation in the interim - where delay attributable to applicant's failure to volunteer his guilt - whether such circumstances attract the principle in R v Todd [1982] 2 NSWLR 517 and Mill v R (1988) 166 CLR 59. Crimes Act 1900 (NSW), s 112(1) LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 (NSW), s 21A(2)(j), s 44(2) Criminal Appeal Act 1912 (NSW), s 6(3) Mill v R (1988) 166 CLR 59 CASES CITED : R v Abookahled (NSW Court of Criminal Appeal, 9 May 1991, unreported) R v Todd [1982] 2 NSWLR 517 PARTIES : Regina Bradley Tristran Kay FILE NUMBER(S) : CCA 60062/04 COUNSEL : B J Knox SC (Crown) P Hamill/S Flood (Applicant) SOLICITORS : S Kavanagh (Crown) Steve O'Connor, Legal Aid Commission of NSW (Applicant)
LOWER COURT District Court JURISDICTION : LOWER COURT 03/11/0470 FILE NUMBER(S) : LOWER COURT Solomon DCJ JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL
60062/04 McCOLL JA LEVINE J HIDDEN J Wednesday, 5 May 2004 Regina v Bradley Tristran KAY
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