NSW Attorney-General Greg Smith is seeking a special guideline judgment in the appeal case of convicted one-punch killer Kieran Loveridge, which could be heard before a panel of five judges.
In a rare move, Mr Smith and the Director of Public Prosecutions are seeking a special judgment from the Court of Criminal Appeal, which would advise judges on how they should deal with other manslaughter cases, the court heard on Thursday.
Earlier this month, Loveridge was sentenced to at least four years for the manslaughter of 18-year-old Thomas Kelly in an unprovoked one punch attack in Kings Cross last year.
The DPP is appealing Loveridge's sentence on the grounds that it was manifestly inadequate.
Registrar Michael Crompton was told both the DPP and the attorney-general wished to be heard before a five-judge panel as they seek to apply for a guideline judgment.
Guideline judgments give guidance to judges in relation to how they should sentence offenders, with the aim of reducing inconsistency in sentencing.
Jeremy Styles, representing Loveridge, told the court there hadn't been a guideline judgment handed down for "some time".
There was only one other known guideline judgment which had involved a single party, he added.
"We say there is a significant argument about the DPP's capacity to bring a guideline judgment into their crown appeal for this single person," he said.
The court heard that if the application went ahead, senior public defender, Mark Ierace SC, would also wish to oppose it.
Loveridge's sentence sparked community outrage, with Mr Kelly's parents expressing their grief and horror at its length.
Within days, the state government announced the introduction of a new "one-punch" offence, which will carry a maximum 20 year sentence.
The 19-year-old was originally charged with murder but he pleaded guilty to the alternative charge of manslaughter, a plea that was accepted by the DPP.
He was also sentenced for four assaults he committed on the same night he punched Mr Kelly, receiving an overall minimum sentence of five years, two months.
Setting a maximum seven year, two month jail term, Justice Stephen Campbell took into account Loveridge's remorse and his good prospects of rehabilitation.
As it currently stands, he will be eligible for release in November 2017.
The court heard the guideline judgment application might be heard separately from Loveridge's appeal hearing.
The Crown is expected to lodge its application next month, with the matter set down for a mention on December 19.
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