NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Kaiser v R [2009] NSWCCA 130
HEARING DATE(S): 17 March 2009
JUDGMENT DATE: 29 April 2009
JUDGMENT OF: McClellan CJatCL at 1; Simpson J at 43; Howie J at 44
DECISION: Grant leave to appeal but dismiss the appeal.
CATCHWORDS: CRIMINAL LAW - manslaughter - appeal against sentence - whether sentencing judge erred in finding that the respective criminality of the applicant and of the co-offender were about the same - whether the applicant has a justifiable sense of grievance arising out of disparity in his sentence with that of the co-offender - whether the sentencing judge erred in finding that the applicant realised that the co-offender "might kill the deceased" - quantification of discount for plea of guilty - whether sentence is manifestly excessive - whether a less severe sentence is warranted
LEGISLATION CITED: Drug Misuse and Trafficking Act 1985
CATEGORY: Principal judgment
FDP v R [2008] NSWCCA 317 GAS v The Queen [2004] 217 CLR 198 Gerard [1991] 56 A Crim R 297 R v Bryant [1999] NSWCCA 181 R v Clifford [2005] NSWCCA 350 R v Diab [2003] NSWSC 978 CASES CITED : R v Ellis (1986) 6 NSWLR 603 R v Forbes [2005] 160 A Crim R 1 R v Hales (unreported, NSWCCA, 2 July 1992) R v Norman & Oliveri [2007] NSWSC 142 R v Oosterum [2004] NSWSC 532 R v Simpson [2001] 53 NSWLR 704 R v Tran [1999] NSWCCA 443 R v Waterman [2002] NSWSC 1236
PARTIES: Brian Andrew Kaiser (Applicant) The Crown
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