R v Kinsela [2003] NSWCCA 92

New South Wales Court of Criminal Appeal

CITATION : R v Kinsela [2003] NSWCCA 92 HEARING DATE(S) : 17/03/2003 JUDGMENT DATE : 4 April 2003

JUDGMENT OF : Santow JA at 1; Buddin J at 30; Smart AJ at 31; DECISION : (1) Leave to appeal against sentence granted; (2) Appeal against sentence allowed in part; (3) Dismiss appeal against sentence of 3 years imprisonment commencing on 2 May 2002 and expiring on 1 May 2005; (4) Appeal allowed against non parole period of 2 years. In lieu thereof fix a non parole period of 15 months to expire on 1 August 2003 on which day the Applicant is to be released to supervised parole. The parole conditions are to include that the Applicant subject himself to the supervision and guidance of the Probation and Parole Service and obey all reasonable directions in relation to psychiatric treatment and/or counselling including in particular to starting of fires, including the taking of medication prescribed by a medical practitioner.

CATCHWORDS : SENTENCE APPEAL - offence under Rural Fires Act 1997 - offender diagnosed with psychiatric conditions - "special circumstances" under s44(2) of the Crimes (Sentencing Procedure) Act 1999 - length of non parole period - the existence of "special circumstances" justified further shortening the non parole period. LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 (NSW) s44(2) Rural Fires Act 1997 (NSW) s100(1)(a) PARTIES : Regina James Henry KINSELA FILE NUMBER(S) : CCA 60288/02 COUNSEL : P Segal (Applicant) L M P Lamprati (Crown) SOLICITORS : Brock Partners (Applicant) S E O'Connor (Crown)

LOWER COURT District Court JURISDICTION : LOWER COURT 01/11/0942 FILE NUMBER(S) : LOWER COURT Hosking DCJ JUDICIAL OFFICER :