Kite v Regina [2009] NSWCCA 12

Kite v Regina [2009] NSWCCA 12

Remorse and good prospects for rehabilitation were present and should be considered as separate mitigating factors under s21A Crimes (Sentencing Procedure) Act 1999, warranting amelioration of sentence beyond the utilitarian discount for guilty plea.

Parties
Applicant: Richard Ivan Noel Kite; Respondent: Regina
Jurisdiction
Australia
Judgment Date
13 February 2009
Procedural Posture
Criminal Appeal / Appeal Against Severity of Sentence
Outcome
Leave to appeal granted; appeal allowed; sentences quashed and new sentences imposed.
Legal Topics
Sexual Assault, Discount for Plea of Guilty, Remorse, Rehabilitation, Character
Criminal Law Sexual Assault Discount for Plea of Guilty Remorse Rehabilitation Character

Case Brief

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Parties

Richard Ivan Noel Kite

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Severity of Sentence

Legal Issues

  1. 1 Whether the sentencing judge failed to give benefit for remorse
  2. 2 Whether the sentencing judge wrongly assessed rehabilitation prospects

Ratio Decidendi

Remorse and good prospects for rehabilitation were present and should be considered as separate mitigating factors under s21A Crimes (Sentencing Procedure) Act 1999, warranting amelioration of sentence beyond the utilitarian discount for guilty plea.

Court Disposition

Leave to appeal granted; appeal allowed; sentences quashed and new sentences imposed.

Orders

  • Grant leave to appeal.
  • Allow appeal against severity of sentence.