Lukasik v R [2023] NSWCCA 94

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Lukasik v R [2023] NSWCCA 94 Hearing dates: 9 November 2022 Decision date: 28 April 2023 Before: Button J at [1]; Fagan J at [72]; R A Hulme AJ at [73] Decision: 1. Leave to appeal against sentence granted. 2. Appeal against sentence dismissed. Catchwords: CRIME — appeals — appeal against sentence –carjacking and other offences to do with motor vehicles – use of false document to obtain financial advantage by way of free use of rental car – assault with intent to take second motor vehicle – attempt to dishonestly obtain third motor vehicle by deception – whether sentencing judge made erroneous findings of fact – immaterial finding that a false credit card was used as opposed to false driver's licence – clear benefit in the applicant having the use of dishonestly obtained vehicle for more than two weeks – interpretation by sentencing judge of the evidence regarding applicant's motivation for the forcible taking of the vehicle open – whether error in finding that the offences were part of planned criminal activity – characterisation as "car re-birthing" open – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW) ss 154C(1)(a), 192E(1)(a), 254(b)(ii), 344A(1) Crimes (Sentencing Procedure) Act 1999 (NSW) s 21A Evidence Act 1995 (NSW) s 144 Cases Cited: R v Olbrich (1999) 199 CLR 270; [199] HCA 54 Category: Principal judgment Parties: David Lukasik (Applicant) Rex (Respondent) Representation: Counsel: T Ramrakha (Applicant) I Nash (Respondent)