NSW Caselaw
Reported Decision : 164 A Crim R 252
New South Wales Court of Criminal Appeal
CITATION: REGINA v HILLSLEY [2006] NSWCCA 312
HEARING DATE(S): 10 May 2006
JUDGMENT DATE: 28 September 2006
JUDGMENT OF: Hodgson JA at 1; Adams J at 1; Johnson J at 1
DECISION: 1. The appeal in respect of count 1 is upheld; 2. The sentence in respect of count 1 is quashed and substituted therefor a sentence of life imprisonment to commence on 1 January 2004; 3. The appeal on counts 2 to 6 is dismissed.
CATCHWORDS: Sentence - murder - Crown appeal - intent to cause grievous bodily harm - whether less serious than intent to kill - associated sexual assaults on different victim - inextricably connected offences - protection of community - dangerousness - no prior offences involving violence - offence itself evidence of dangerousness - life sentence
Children (Criminal Proceedings) Act 1987 s11 LEGISLATION CITED: Crimes Act 1900 s578A Crimes (Sentencing Procedure) Act 1999 ss 11, 61(1)
Pearce v The Queen (1998) 194 CLR 610 R v Harris (2000) 50 NSWLR 409 CASES CITED: R v Hillsley unreported, FCA 11 February 1992 R v Nelson (unreported, NSWCCA 25 June 1996) R v Way (2004) 60 NSWLR 168 R v Wilson [2005] NSWCCA [112]
PARTIES: REGINA v Jeffrey John HILLSLEY (Respondent)
FILE NUMBER(S): CCA 2005/1709
COUNSEL: G E Smith SC (Crown) M Ierace SC (Respondent)
SOLICITORS: S Kavanagh (Crown) S O'Connor (Respondent)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 2004/53; 70038/04
LOWER COURT JUDICIAL OFFICER: Hidden J
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