Regina v Lee [2000] NSWCCA 392

New South Wales Court of Criminal Appeal

CITATION : Regina v Lee [2000] NSWCCA 392 FILE NUMBER(S) : CCA 60650/99 HEARING DATE(S) : Wednesday, 13 September 2000 JUDGMENT DATE : 10 October 2000

PARTIES : The Crown Nathan Lee (Appl) JUDGMENT OF : Newman J at 1; O'Keefe J at 84; Whealy J at 85

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 95/11/0460 LOWER COURT JUDICIAL Davidson DCJ OFFICER :

COUNSEL : L M B Lamprati (Crown) J W Fliece (Appl) SOLICITORS : S E O'Connor (Crown) Patricia White & Associates (Appl) CATCHWORDS : CRIMINAL LAW - assault with intent to rob - identification - Evidence Act ss 116, 165 - directions as to identification - sentence - special circumstances LEGISLATION CITED : Crimes Act 1900 Evidence Act 1995 Domican v R (1992) 173 CLR 555 R v Heuston (1995) 81 A Crim R 387 CASES CITED: R v Davies & Cody (1937) 57 CLR 170 at 182 R v Clarke (1993) 71 A Crim R 58 at 72 R v Pitkin (1995) 130 ALR 35 R v Lee, unreported, NSWCA, 24 March 1997 DECISION : Appeal dismissed

IN THE COURT OF

CRIMINAL APPEAL

60660/99 NEWMAN J O'KEEFE J WHEALY J

TUESDAY, 10 OCTOBER 2000

REGINA v Nathan LEE

JUDGMENT

1 NEWMAN J: This is an appeal against conviction and an application for leave to appeal against sentence. 2 The applicant was indicted before Davidson DCJ on 28 July 1999 at Sydney on a charge of being armed with a dangerous weapon, namely a firearm and assaulting Patricia Edith Jones with intent to rob her. The maximum penalty for the crime pursuant to s 97(2) of the Crimes Act 1900 is imprisonment for twenty-five years. 3 The appellant pleaded not guilty but after a lengthy trial was found guilty by a jury of the offence. His Honour imposed a head sentence of eight years constructed by way of a minimum term of six years and an additional term of two years.