NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Eager [2022] NSWDC 162 Hearing dates: 13 April 2022 Date of orders: 13 April 2022 Decision date: 13 April 2022 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence of 2 years 3 months with a non-parole period of 1 year. Catchwords: CRIME – Aid and/or abet offence - Take/detain person in company with intent to obtain advantage SENTENCING - Relevant factors on sentence – second degree participant in joint criminal enterprise- no motivation – limited role - drug affected- no memory of offence- accumulation on existing sentence- Legislation Cited: Crimes Act 1900 Cases Cited: Bugmy v The Queen [2013] HCA 37; 249 CLR 571 Charlesworth v R [2009] NSWCA 27 Fernando v R (1992) 76 A Crim R 58 Ingrey v R [2016] NSWCCA 31 Johnson v R [2010] NSWCCA 124 R v Henry (1999) 46 NSWLR 346, 106 A Crim R 149 R v Newell [2004] NSWCCA 183 Category: Sentence Parties: Lee Dillon Eager (the offender) Director of Public Prosecutions Representation: Counsel: Mr M Fox, Crown Prosecutor
Solicitor: Mr M Kwan, Legal Aid NSW (for the offender) File Number(s): 2021/00270190
SENTENCE – EX TEMPORE REVISED
Introduction 1. The sentencing proceedings for Lee Eager were initially joined with and are now separated from proceedings in relation to Cheyne Morley, Benjamin Walker, Tara Clare and Ilo Ilievski.
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