Kingsley v R [2019] NSWCCA 19

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Kingsley v R [2019] NSWCCA 19 Hearing dates: 12 September 2018 Decision date: 20 February 2019 Before: Leeming JA at [1]; McCallum J at [2]; Bellew J at [48] Decision: The application for an extension of the time within which to file a notice of application for leave to appeal is refused Catchwords: CRIMINAL LAW – sentence – charges of reckless wounding in company – whether sentencing judge erroneously had regard to injuries that might have exposed the applicant to the more serious offence of wounding with intent to inflict grievous bodily harm contrary to the principle stated in De Simoni – parity Legislation Cited: Crimes Act 1900 (NSW), ss 33(1)(a), 35(3) Crimes (Sentencing Procedure) Act 1999 (NSW), s 54A Cases Cited: McIntyre v R (2009) 198 A Crim R 549; [2009] NSWCCA 305 R v Bakewell (Court of Criminal Appeal (NSW), 27 June 1996, unrep) R v De Simoni (1981) 147 CLR 383; [1981] HCA 31 R v Lardner (Court of Criminal Appeal (NSW), 10 September 1998, unrep) R v Overall (1993) 71 A Crim R 170 Wilkins v R [2009] NSWCCA 222 Category: Principal judgment Parties: Luke Kingsley (applicant) Regina (respondent) Representation: Counsel: P Lange (applicant) F Veltro (respondent)

Solicitors: Hardin Lawyers (applicant) Office of the Director of Public Prosecutions (respondent) File Number(s): 2015/241413 Publication restriction: None Decision under appeal Court or tribunal: District Court Jurisdiction: Crime Date of Decision: 16 June 2017 Before: Frearson DCJ File Number(s): 2015/241413