R v Lees [1999] NSWCCA 301

New South Wales Court of Criminal Appeal CITATION : R v Lees [1999] NSWCCA 301 FILE NUMBER(S) : CCA 60514/97 HEARING DATE(S) : 15/9/99 JUDGMENT DATE : 29 September 1999

PARTIES : Regina (NSW) Neville Andrew Lees JUDGMENT OF : Wood CJ at CL; Newman J; Foster AJ

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 70049/96 LOWER COURT JUDICIAL OFFICER : Badgery-Parker J

COUNSEL : G. Nicholson QC with B.W. Cross (applicant) M.G. Sexton SC (Crown) SOLICITORS : Patricia White & Associates (Applicant) S.E. O'Connor (Crown) CATCHWORDS : CRIMINAL LAW- appeals - appeal against conviction and sentence; CRIMINAL LAW - directions to jury - provocation - whether directions on provocation by "words alone" correct - whether directions on standard of proof correct; CRIMINAL LAW - directions to jury - whether further directions offended principle in Black; CRIMINAL LAW - sentencing - whether special circumstances justifying a variation of the ratio between minimum andadditional terms Crimes Act 1900 (NSW) s 23 (specifically s23(2)(a) ACTS CITED : Criminal Appeal Act 1912 s 6(1) Sentencing Act 1989 s 5(2) DECISION : Appeal against conviction dismissed; Application to appeal atgainst sentence granted, but appeal dismissed; Conviction andsentence below confirmed

IN THE COURT OF CRIMINAL APPEAL

No. 60514 of 1997 WOOD CJ at CL NEWMAN J FOSTER AJ

WEDNESDAY 29 SEPTEMBER 1999 Regina v Neville Andrew LEES JUDGMENT

1 WOOD CJ at CL: The appellant was indicted before Badgery-Parker J on 1 September 1997, on a count of murder. He was convicted following trial, and sentenced to a minimum term of penal servitude for thirteen years and six months, and to an additional term of penal servitude for four years and six months. He now appeals against that conviction, and seeks leave to appeal against the sentence.