Kidd v R [2009] NSWCCA 229

Kidd v R [2009] NSWCCA 229

The sentencing judge expressly considered the Queensland sentences, totality, the applicant's age and health, and custodial conditions, and structured the New South Wales sentences with concurrency and a reduced effective non-parole period. The applicant did not demonstrate that the sentencing discretion miscarried or that any asserted errors concerning totality, sentence ratio, commencement date, age or custodial conditions warranted appellate intervention.

Jurisdiction
Australia
Judgment Date
10 September 2009
Procedural Posture
Criminal Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal; Application for Extension of Time and Leave to Appeal Against Sentence
Outcome
Extension of time granted; leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['severity of Sentence' 'totality' 'interstate Sentence' 'non Parole Period' 'advanced Age of Offender' 'conditions of Detention' 'delay']
['criminal Law and Procedure' 'sentencing'] ['severity of Sentence' 'totality' 'interstate Sentence' 'non Parole Period' 'advanced Age of Offender' 'conditions of Detention' 'delay']

Case Brief

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Procedural Posture

Criminal Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal; Application for Extension of Time and Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether an extension of time should be granted to file the notice of appeal.' 'Whether the total effective sentence was unduly harsh or severe.' 'Whether the sentencing judge erred in applying the principle of totality, including by reference to the Queensland sentences.' "Whether the sentencing judge erred by failing to make sufficient allowance for the applicant's advanced age." 'Whether the sentencing judge erred by failing to take sufficient account of custodial conditions.']

Ratio Decidendi

The sentencing judge expressly considered the Queensland sentences, totality, the applicant's age and health, and custodial conditions, and structured the New South Wales sentences with concurrency and a reduced effective non-parole period. The applicant did not demonstrate that the sentencing discretion miscarried or that any asserted errors concerning totality, sentence ratio, commencement date, age or custodial conditions warranted appellate intervention.

Court Disposition

Extension of time granted; leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Extension of time granted.' 'Leave to appeal against sentence granted.' 'Appeal dismissed.']