Bailey v The Queen

This matter concerns an application for special leave to appeal by Kenneth William Bailey against an order of the New South Wales Court of Criminal Appeal. The applicant had pleaded guilty in the District Court to several offences, including detaining with intent to carnally know, three counts of sexual intercourse without consent, escape from lawful custody, and breaking, entering, and stealing. The Court of Criminal Appeal had dismissed his appeal against the sentences imposed by the District Court judge.

The primary legal issue before the High Court was whether the New South Wales Court of Criminal Appeal erred in dismissing Mr Bailey's appeal against his sentences. This involved considering the appropriateness of the total head sentence of seven and a half years and the non-parole period of four and a half years, which had been fixed by the District Court judge. The applicant sought to have these sentences reduced.

The Court of Criminal Appeal, in its initial decision, had refused leave to appeal by a majority, with one judge dissenting and favouring a reduction in the non-parole period. Following a prior successful application for special leave to the High Court, the matter was remitted back to the Court of Criminal Appeal for further consideration. Upon reconsideration by a differently constituted bench, the Court of Criminal Appeal again affirmed the original sentences and non-parole period. The applicant's current application for special leave to appeal to the High Court stems from this second decision of the Court of Criminal Appeal.