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Both vehicles stopped at traffic lights whereupon appellant & at least one other male approached victim's car then pulled him from the vehicle. Aged 47 at time of offences - troubled upbringing - poor health - lengthy criminal record - priors include offences for violence, property & driving - previous imprisonment in 3 Australian states.Victim attempted to defend himself with a clublock, which was taken from him. Whether conviction unreasonable having regard to the evidence - whether witnesses 'coached'- whether undue weight given to evidence of witnesses. RAE, Stephen John - CCA, Giles JA, Sully & Levine JJCitation: R v Rae  NSWCCA 545Sentence appeal.
However, the sentences for each of the offences in Indictment 2 commence on a different and later date from the NPP in respect of such offence.
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.
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.
KILLICK, John Reginald - CCA, 4.1.2002 - 127 A Crim R 273O'Keefe J, Smart AJR v Killick  NSWCCA 1Sentence appeal.