Lee v R [2020] NSWCCA 244

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Lee v R [2020] NSWCCA 244 Hearing dates: 18 September 2020 Date of orders: 18 September 2020 Decision date: 28 September 2020 Before: Payne JA at [1] Beech-Jones J at [2] Fagan J at [39] Decision: (1) Leave to appeal against sentence granted; (2) Appeal allowed; (3) The sentence imposed on the appellant on 25 July 2019 is set aside; (4) In lieu thereof: (a) Sentence the appellant to an aggregate term of imprisonment of 4 years commencing on 27 September 2018 and expiring on 26 September 2022, (b) Pursuant to s 44(2A) of the Crimes (Sentencing Procedure) Act 1999, set a non-parole of 2 years expiring on 26 September 2020; (c) Specify that the earliest date the applicant will be eligible to be released on parole is 27 September 2020; (d) Pursuant to s 53A(2)(c) of the Crimes (Sentencing Procedure) Act 1999, the Court indicates to the offender that an aggregate sentence is being imposed and the sentences that would have been imposed for each offence are: (i) 2 years and 8 months imprisonment for the offence of robbery in company that is sequence 3 and which is accompanied by an offence on a Form 1; (ii) 2 years and 2 months imprisonment for the offence of robbery in company that is sequence 4. Catchwords: CRIME – appeals – appeal against sentence – whether aggregate sentence manifestly excessive – notional accumulation – appeal allowed – applicant re‑sentenced Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Cases Cited: Beale v R [2015] NSWCCA 120 BJS v R [2013] NSWCCA 123 Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 27 Hili v The Queen; Jones v The Queen 242 CLR 520; [2010] HCA 45 JM v R [2014] NSWCCA 297 Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37 Martin v R [2014] NSWCCA 124 PD v R [2012] NSWCCA 242 R v Brown [2012] NSWCCA 199 R v Henry (1999) 46 NSWLR 346 Category: Principal judgment Parties: Zachary Lee (Applicant) Regina (Crown) Representation: Counsel: I McLachlan (Applicant) B Hatfield (Crown)