Lambkin v R [2020] NSWCCA 327

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Lambkin v R [2020] NSWCCA 327 Hearing dates: 3 December 2020 Date of orders: 11 December 2020 Decision date: 11 December 2020 Before: Simpson AJA at [1] Bellew J at [2] Campbell J at [95] Decision: Leave to appeal against sentence is refused. Catchwords: CRIMINAL LAW – Offences – Sentence – Appeal – Where applicant pleaded guilty to encouraging the commission of an offence of intentionally causing a fire – Where applicant was a retained firefighter – Whether the sentencing judge erred in taking into account that position in assessing the applicant's moral culpability – Whether the sentencing judge erred in his assessment of the level of the applicant's remorse – Whether the sentencing judge erred in his assessment of the discount for the plea of guilty and assistance – Whether the sentencing judge erred in failing to take into account the applicant's mental state – Whether the sentencing judge erred in the manner in which he dealt with identical offences on a Form 1 – Whether sentence manifestly excessive – Where some of the issues which were sought to be raised on appeal were at odds with concessions which were made in the Court below – No error established – No merit in any ground of appeal sought to be advanced – Leave to appeal refused Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: Abbas & ors v R (2013) 231 A Crim R 413; [2013] NSWCCA 115 Attorney General's Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1) of 2002 (2002) 56 NSWLR 146; [2002] NSWCCA 518 Bayram v R [2012] VSCA 6 Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54 Dionys v R (2011) 217 A Crim R 280; [2011] NSWCCA 272 Einfeld v R (2010) 266 ALR 598; [2010] NSWCCA 87 Keane v R [2011] VSCA 156 Nguyen v R (2004) 149 A Crim R 343; [2004] NSWCCA 332 R v Baker [2000] NSWCCA 85 R v Calcutt (2012) 221 A Crim R 505; [2012] NSWCCA 40 R v DP [2019] NSWCCA 55 R v Mills (2005) 154 A Crim R 40; [2005] NSWCCA 175 R v Pont (2000) 121 A Crim R 302; [2000] NSWCCA 419 R v Thomson; R v Houlton (2000) 49 NSWLR 383; [2000] NSWCCA 309 Romero v R (2011) 32 VR 386; [2011] VSCA 45 Ryan v R [2009] NSWCCA 183 Tiknius v R (2011) 221 A Crim R 365; [2011] NSWCCA 215 Van Zwam v R [2017] NSWCCA 127 Zreika v R (2012) 223 A Crim R 460; [2012] NSWCCA 44 Category: Principal judgment Parties: Joshua Lambkin – Applicant Regina – Respondent Representation: Counsel: J Lo Schiavo – Applicant E Balodis – Respondent