Regina v RK [2003] NSWCCA 389

Regina v RK [2003] NSWCCA 389

In light of additional material regarding ongoing risk and valuable assistance to authorities, it is appropriate to make a modest adjustment to the non-parole period to allow for earlier release on parole.

Parties
Applicant: RK; Respondent: Crown
Jurisdiction
Australia
Judgment Date
08 December 2003
Procedural Posture
Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Judgment
Outcome
Leave to appeal granted in part; non-parole period reduced for malicious wounding count; release on parole directed.
Legal Topics
Assistance to Authorities, Sentencing, Reduction of Non Parole Period
Criminal Law Assistance to Authorities Sentencing Reduction of Non Parole Period

Case Brief

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Parties

RK

Applicant

Crown

Respondent

Procedural Posture

Application for Leave to Appeal Against Sentence / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 Whether the non-parole period should be further reduced due to valuable assistance to authorities and risk to applicant

Ratio Decidendi

In light of additional material regarding ongoing risk and valuable assistance to authorities, it is appropriate to make a modest adjustment to the non-parole period to allow for earlier release on parole.

Court Disposition

Leave to appeal granted in part; non-parole period reduced for malicious wounding count; release on parole directed.

Orders

  • Sentence on first count (firearm) confirmed.
  • Head sentence on second count (malicious wounding) confirmed.