Regina v Killick [2002] NSWCCA 54

Regina v Killick [2002] NSWCCA 54

The application to further reduce the sentences was dismissed because, although the applicant's blood pressure had increased and required extensive management, the material showed that management had occurred and that he was receiving reasonable medical attention in gaol. There was no up-to-date medical report or medical evidence proving that his blood pressure was uncontrollable, that imprisonment had worsened it beyond what would otherwise have occurred, or that his life was at risk or shortened. Given the high order of criminality and the significant leniency already reflected in the sentences imposed on 4 January 2002, no further reduction or discount was warranted.

Jurisdiction
Australia
Judgment Date
04 March 2002
Procedural Posture
Criminal Sentencing Appeal/application to Reopen / Application to Reconsider Judgment and Further Reduce Sentences After Court of Criminal Appeal Orders Not Yet Passed and Entered
Outcome
Application to further reduce sentences dismissed.
Legal Topics
['application to Reopen' 'sentence Severity' 'health Grounds in Sentencing' 'hypertension in Custody' 'armed Robbery' 'escape From Custody' 'firearm Offences']
['criminal Law' 'sentencing' 'criminal Procedure'] ['application to Reopen' 'sentence Severity' 'health Grounds in Sentencing' 'hypertension in Custody' 'armed Robbery' 'escape From Custody' 'firearm Offences']

Case Brief

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Procedural Posture

Criminal Sentencing Appeal/application to Reopen / Application to Reconsider Judgment and Further Reduce Sentences After Court of Criminal Appeal Orders Not Yet Passed and Entered

Legal Issues

  1. 1 ["Whether the Court should reconsider its judgment of 4 January 2002 and receive further material concerning the applicant's health." "Whether the applicant's hypertension, stress, medication side effects and prison conditions warranted any further reduction of his sentences or non-parole periods." "Whether the further material showed that the applicant's blood pressure was uncontrollable, that his life was at risk or shortened, or that the prison system could not provide reasonable medical management."]

Ratio Decidendi

The application to further reduce the sentences was dismissed because, although the applicant's blood pressure had increased and required extensive management, the material showed that management had occurred and that he was receiving reasonable medical attention in gaol. There was no up-to-date medical report or medical evidence proving that his blood pressure was uncontrollable, that imprisonment had worsened it beyond what would otherwise have occurred, or that his life was at risk or shortened. Given the high order of criminality and the significant leniency already reflected in the sentences imposed on 4 January 2002, no further reduction or discount was warranted.

Court Disposition

Application to further reduce sentences dismissed.

Orders

  • ['The application of Killick to further reduce his sentences is dismissed.' 'The orders of the Court made on 4 January 2002 and today are to be passed and entered forthwith.']