Kite v Regina [2009] NSWCCA 12

New South Wales Court of Criminal Appeal

CITATION: Kite v Regina [2009] NSWCCA 12

HEARING DATE(S): 5 February, 2009

JUDGMENT DATE: 13 February 2009

JUDGMENT OF: Grove J at 1; Blanch J at 2; Kirby J at 23

DECISION: Leave to appeal granted. Appeal against severity of sentence allowed. Quash sentence imposed on the first count. Instead impose sentence of non-parole period of 4 years and 6 months from 6 December, 2007 with a balance of term of 3 years. Quash sentence imposed on the second count. Instead impose sentence of 4 years and 6 months from 6 June, 2008 with a balance of term of 3 years.

CATCHWORDS: Criminal Law - sexual assault - discount for plea of guilty - remorse and rehabilitation under s21A - character

Crimes Act 1900, s66A LEGISLATION CITED: Law Enforcement (Powers and Responsibilities) Act 2002, Part 9 Crimes (Sentencing Procedure) Act 1999, s21A(3)(i), s21A(3)(h)

CATEGORY: Principal judgment

R v Gallagher (1991) 23 NSWLR 220 CASES CITED : R v Saleib [2005] NSWCCA 85 R v MAK and R v MSK (2006) 167 A Crim R 159 Ryan v The Queen (2001) 206 CLR 267

PARTIES: Richard Ivan Noel Kite (Applicant) Regina (Respondent)

FILE NUMBER(S): CCA 2007/15042

COUNSEL: G Bashir (Applicant) J Girdham (Respondent)

SOLICITORS: S O'Connor, Legal Aid Commission S Kavanagh, Solicitor for Public Prosecutions

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 07/11/0536

LOWER COURT JUDICIAL OFFICER: Knox SC DCJ

LOWER COURT DATE OF DECISION: 1 February, 2008

LOWER COURT MEDIUM NEUTRAL CITATION: Regina v Richard Ivan Noel Kite