NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Kidd v R [2009] NSWCCA 229
HEARING DATE(S): 19 August 2009
JUDGMENT DATE: 10 September 2009
JUDGMENT OF: Macfarlan JA at 1; Grove J at 2; Hoeben J at 56
DECISION: Extension of time granted. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - Sentence - Delay as a result of interstate arrest and sentence before return to NSW - Totality - Proportion of minimum to head term of custody - Advanced age of offender - Conditions of detention
LEGISLATION CITED: Crimes Act 1900
CATEGORY: Principal judgment
Kidd v Chief Executive, Department of Corrective Services [2000] QSC 405 Mill v The Queen (1988) 166 CLR 59 Pearce v The Queen (1998) 194 CLR 610 CASES CITED : R v Baker [2000] NSWCCA 85 R v Holder (1983) 3 NSWLR 245 R v Holyoak [1995] 82 A Crim R 502 R v Todd (1982) 2 NSWLR 513
TEXTS CITED: Sentencing Manual (I Potas 2001)
PARTIES: Robert Douglas KIDD - Applicant REGINA - Respondent/Crown
FILE NUMBER(S): CCA 2002/13968
COUNSEL: M Ramage QC - Applicant N Noman - Respondent/Crown
SOLICITORS: Jeffreys & Associates - Applicant Solicitor for Public Prosecutions - Respondent/Crown
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 02/11/0283
LOWER COURT JUDICIAL OFFICER: Karpin DCJ
LOWER COURT DATE OF DECISION: 30/07/04
IN THE COURT OF CRIMINAL APPEAL CCA 2002/13968
MACFARLAN JA GROVE J HOEBEN J
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