R v CK [2004] NSWCCA 116

New South Wales Court of Criminal Appeal

CITATION : R v CK [2004] NSWCCA 116 HEARING DATE(S) : 13/4/04 JUDGMENT DATE : 29 April 2004

JUDGMENT OF : Wood CJ at CL at 1; Sperling J at 30; Hislop J at 83 DECISION : Leave to appeal granted. Appeal dismissed.

CATCHWORDS : CRIMINAL LAW - appeal against severity of sentence - plea of guilty to manslaughter - whether sentence manifestly excessive - whether sentencing judge failed to consider or take properly into account all of the relevant circumstances at the time the applicant committed the offence. LEGISLATION CITED : Children (Criminal Proceedings) Act 1987 - s 19 R v CK [2002] NSWSC 942 Regina v Edwards (1996) 90 A Crim R 510 R v GDP (1991) 53 A Crim R 112 CASES CITED : Regina v Howard (1992) 29 NSWLR 242 Regina v Kama (2000) 110 A Crim R 47 Regina v Pham (1991) 55 A Crim R 128 Regina v Tran [1999] NSWCCA 109 PARTIES : Regina CK FILE NUMBER(S) : CCA 60221/03 COUNSEL : D Frearson (Crown) P Strickland SOLICITORS : S Kavanagh (Crown) S E O'Connor

LOWER COURT Supreme Court JURISDICTION : LOWER COURT 70087/01 FILE NUMBER(S) : LOWER COURT Studdert J JUDICIAL OFFICER :

8 IN THE COURT OF CRIMINAL APPEAL 60221/03

WOOD CJ at CL SPERLING J HISLOP J

Thursday 29 April 2004 Regina v CK Judgment 1 WOOD CJ at CL: On 22 May 2002, the applicant pleaded guilty to one count of manslaughter. He was sentenced by Studdert J on 11 October 2002, to a term of imprisonment for 7 years and 6 months, with a non-parole period of 4 years, each commencing on 11 October 2002. Pursuant to s 19 of the Children (Criminal Proceedings) Act 1987, his Honour directed that the applicant serve such part of his sentence, as was required to be served to the age of 21 years, in a detention centre. As the applicant was born on 4 January 1984, that sentencing order would require his transfer to an adult correctional centre on 4 January 2005, 1 year and 9 months, in round terms, before he would be eligible for release on parole. Special circumstances were found, which resulted in a non-parole period, which was equivalent to 53% of the overall sentence.