NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Lual [2023] NSWDC 336 Hearing dates: 04 April 2023 Date of orders: 04 April 2023 Decision date: 04 April 2023 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence of imprisonment of 5 years and 2 months with a non-parole period 2 years and 8 months Catchwords: CRIME — Aggravated break & enter commit serious indictable offence — Assault occasioning actual bodily harm in company of others SENTENCING – Relevant factors on sentence — early guilty plea — home invasion — in company — no apparent planning — serious harm inflicted — weapon used — Good Samaritan assaulted —offender's deprived background — history of traumas — impairments in cognitive function — young immature offender — parity — leading the commission of crimes arrest and gaol — special circumstances Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 Lau v R [2010] NSWCCA 43 Nasrallah v R [2021] NSWCCA 207 R v Keegan [2022] NSWDC 715 Category: Sentence Parties: Deng Lual (the offender) Director of Public Prosecutions (the Crown) Representation: Counsel: S Fraser (for the offender)
Solicitors: Mardini Defence Lawyers (for the offender) T George (for Director of Public Prosecutions) File Number(s): 2021/367085
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