Kelly, A.G. v The Queen

[1990] FCA 298

JUDGMENT NO. .296..'1-.-~

IN THE FEDERAL COURT OF AUSTRALIA	)
1
AUSTRALIAN CAPIT= TERRITORY	1
1 No. ACT G 10 of 1990
DISTRICT REGISTRY
GENERAL DIVISION	I

ON APPEAt FROM THE SUPREME COURT

OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: ANDREW GARY KELLY

Appellant

AND: THE OUEEN

Respondent

CO-:	Neaves, Foster and Higgins JJ.
DATE:	4 July 1990

EX TEMPORE JUDGMENT

THE COURT:

We have given consideration to the matters which have been put to us by Mr OIDonnell on behalf of the appellant. However, we are not satisfied that the learned sentencing judge fell into error in fixing a head sentence of

varying the non-parole period.

7 years for the totality of the offences which were before him

although the offences which were committed on 2 June 1989 could well be regarded as more serious than that committed on

24 April 1989. Further, we do not find any basis in the

material that was before the sentencing judge to warrant our

The appeal is, therefore, dismissed.

I certify that this and the

preceding page are a true copy of the Reasons for Judgment

Dated: 4 July 1990

Counsel for the appellant	: Mr T.J. OrDonnell
Solicitor for the appellant	: Legal Aid Office (A.C.T.)
Counsel for the respondent	: Mr K. Hempenstall

Solicitor for the respondent : Director of Public

Prosecutions

Date of hearing	: 4 July 1990
Date of judgment	: 4 July 1990