NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Regina v Kirkland [2005] NSWCCA 130
HEARING DATE(S): 08/04/2005
JUDGMENT DATE: 21 April 2005
JUDGMENT OF: Hunt AJA at 1-40,43; Grove J at 41; Hall J at 42
DECISION: 1. Leave to appeal against sentence is granted.; 2. The appeal is dismissed.
CATCHWORDS: Reference to a case falling within the worst category of cases is relevant only where the maximum sentence is being considered - reference to a sentence at the very upper end of sentences imposed for offences of the relevant type is not a reference to the maximum sentence - sentence representing 80% of the maximum sentence is neither the maximum sentence nor a sentence appropriate for the worst category of case.
Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2000 Criminal Appeal Act 1912
Ibbs v The Queen ((1987) 163 CLR 447 Knight v The Queen (1992) 175 CLR 495 Pearce v The Queen (19998) 194 CLR 610 Regina v Ohar (2004) 59 NSWLR 596 Regina v O'Neill [1979] 2 NSWLR 582 Regina v Story [1998] 1 VR 359 CASES CITED: Regina v Szeto [1999] NSWCCA 296 Regina v Walters (1992) 62 A Crim R 16 Regina v Way (2004) 60 NSWLR 168 Regina v Wilkinson [2004] NSWCCA 83 The Queen v Olbrich (1999) 199 CLR 270 Veen v The Queen (No 2) (1988) 164 CLR 465
Regina PARTIES: Paul Matthew Kirkland
FILE NUMBER(S): CCA 2004/3297
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