Kingsley v R [2019] NSWCCA 19

Kingsley v R [2019] NSWCCA 19

There was no error in the sentencing judge's treatment of the facts relating to injuries suffered by the victim. The sentencing judge recited but did not elevate the facts to aggravating circumstances warranting conviction for a more serious offence, and the parity ground lacked merit. Consequently, there is no basis for extending the time to appeal.

Jurisdiction
Australia
Judgment Date
20 February 2019
Procedural Posture
Criminal Appeal / Application for Extension of Time for Leave to Appeal Against Sentence
Outcome
application for extension of the time within which to file a notice of application for leave to appeal is refused
Legal Topics
['sentence' 'reckless Wounding in Company' 'de Simoni Principle' 'parity']
['criminal Law'] ['sentence' 'reckless Wounding in Company' 'de Simoni Principle' 'parity']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Extension of Time for Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erroneously had regard to injuries that might have exposed the applicant to a more serious offence contrary to the principle stated in De Simoni' 'Parity between sentences imposed on co-offenders']

Ratio Decidendi

There was no error in the sentencing judge's treatment of the facts relating to injuries suffered by the victim. The sentencing judge recited but did not elevate the facts to aggravating circumstances warranting conviction for a more serious offence, and the parity ground lacked merit. Consequently, there is no basis for extending the time to appeal.

Court Disposition

application for extension of the time within which to file a notice of application for leave to appeal is refused

Orders

  • ['The application for an extension of the time within which to file a notice of application for leave to appeal is refused.']