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KILLICK, John Reginald - CCA, 4.1.2002 - 127 A Crim R 273O'Keefe J, Smart AJR v Killick  NSWCCA 1Sentence appeal.
Applicant's case for special facts or special circumstances was that relevant information was now available which was not known to applicant or reasonably ascertainable by him prior to the committal hearing.
Application for bail not entertained following an earlier order of the SC revoking bail - no question of principle.
CARROLL, Douglas John Frederick - CCA, Greg James & Whealy JJCitation: R v Carroll  NSWCCA 511Sentence appeal.1 x BE&S; 1 x aggravated BE&S; 6 offences on a Form 1 (take & use conveyance; BE&S; possess housebreaking implements; possess explosive device; possess prohibited drug).5y 3m with NPP of 2y 3m. Aged 34y 9m at time of sentence - discount for guilty plea - special circumstances - positive steps towards rehabilitation - disproportion between head sentence & NPP.
Appeal allowed: resentenced to 4y 3m with NPP of 2y 3m.
Prior sentences - sentencing for serious multiple offences - correct commencement dates for subsequent sentences - sentence must start at expiration of NPP of prior sentences - allowance for early guilty plea - law reform - need for amendment of sentencing legislation to ensure total of head sentences not reduced, by reason of accumulation provisions to an unacceptable level. High category of blameworthiness - not worst case category - infatuation - break-up of illicit liaison by victim - anger, resentment, vengeance and deprivation as motivating factors - absence of remorse and contrition - general deterrence - special circumstances - age of prisoner - progressive medical condition of prisoner. KINCHELA, Shane Anthony - NSW SC, Sperling J, 23.1.2002Citation: R v Kinchela  NSWSC 8Judgment on application for bail for purpose of obtaining treatment for alcohol dependency.
Appeal allowed: errors corrected, sentences restructured. KHALOUF, Ali - NSW SC, O'Keefe J, 29.1.2002Citation: R v Khalouf  NSWSC 19Remarks on Sentence. Applicant on remand, facing committal proceedings following threatening 3 youths with a firearm as well as a large number of people at a hotel.Victim sustained full thickness burns to 93% of her body as well as severe internal inhalation injuries, leaving her with enormous level of disfigurement & disability, her mobility severely affected by substantial scar tissue.At the time of the incident, medical opinion was that she was not expected to live. A neighbour who tried to stop the appellant from setting the victim alight received partial thickness burns to 10-15% of his body.GBH with intent to murder; additional offence of AOABH taken into account.19y 8m with NPP of 14y 9m.Applicant poured petrol over victim (a former girlfriend) & set her alight.HOFER, Rudolph - CCA, Wood CJ at CL, Sperling JCitation: R v Hofer  NSWCCA 544Sentence appeal.Tags: Adult Dating, affair dating, sex dating