Regina -v- Kelly [2000] NSWCCA 168

Regina -v- Kelly [2000] NSWCCA 168

The delay and plea of guilty were taken into account by the sentencing judge; given the severity, number, and nature of offences, no less severe penalty is warranted, and the Court finds no basis to interfere with the sentence.

Parties
Prosecutor: Regina; Applicant: Francis Reginald Kelly
Jurisdiction
Australia
Judgment Date
14 April 2000
Procedural Posture
Criminal Appeal / Judgment on Leave to Appeal and Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Sexual Assault, Indecent Assault, Sentencing, Delay as Mitigating Factor, Plea of Guilty
Criminal Law Sexual Assault Indecent Assault Sentencing Delay as Mitigating Factor Plea of Guilty

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Parties

Regina

Prosecutor

Francis Reginald Kelly

Applicant

Procedural Posture

Criminal Appeal / Judgment on Leave to Appeal and Appeal

Legal Issues

  1. 1 Whether delay between offence and sentencing should be a mitigating feature
  2. 2 Whether insufficient weight was given to the plea of guilty

Ratio Decidendi

The delay and plea of guilty were taken into account by the sentencing judge; given the severity, number, and nature of offences, no less severe penalty is warranted, and the Court finds no basis to interfere with the sentence.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted
  • Appeal dismissed