Regina v Luke Thomas Lord [2001] NSWCCA 533

New South Wales Court of Criminal Appeal

CITATION : Regina v Luke Thomas Lord [2001] NSWCCA 533 revised - 11/02/2002 FILE NUMBER(S) : CCA 60657/01 HEARING DATE(S) : 4 December 2001 JUDGMENT DATE : 4 December 2001

PARTIES : Regina - Appellant - Crown Luke Thomas Lord - Respondent JUDGMENT OF : Stein JA at 1; Hidden J at 26; Howie J at 29

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/31/0238 LOWER COURT JUDICIAL English DCJ OFFICER :

COUNSEL : W G Dawe QC - Appellant - Crown M Thangarai - Respondent SOLICITORS : Crown Solicitors Office - Appellant - Crown Legal Aid Commission - Respondent CATCHWORDS : CRIMINAL LAW - Crown appeal on sentence - aggravated break and enter - assault - conditional bond - whether sentence manifestly inadequate - co-offender - excellent prospects rehabilitation - whether extenuating circumstances - double jeopardy - ND Criminal Appeal Act 1912 LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 CASES CITED: n/a DECISION : See paras 25 and 34 for orders

- 9 -IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL

60657/01 STEIN JA HIDDEN J HOWIE J

Tuesday, 4 December 2001 REGINA v Luke Thomas LORD

Judgment 1 STEIN JA: This is a Crown appeal by the Director of Public Prosecutions under s 5D of the Criminal Appeal Act 1912, from a sentence imposed by Judge English in the District Court on Luke Thomas Lord on 24 September 2001. 2 The respondent pleaded guilty to one count of aggravated break and enter with intent pursuant to s 113(2) of the Crimes Act 1900. Her Honour also took into account an associated charge of assault occasioning actual bodily harm. Without proceeding to conviction her Honour ordered the respondent to enter into a conditional bond to be of good behaviour for a period of 12 months. The Director of Public Prosecutions submits that the sentence imposed was manifestly inadequate. 3 Briefly stated the facts are that during the afternoon of 3 May 2001 the respondent, together with a young person, went to the home of a 71 year old woman at Killarney Vale. The young person forced the locked front wire door and he and the respondent entered the house. Both then searched for money or jewellery to steal. The victim then entered the room where they were searching. The offenders grabbed a tapestry carry bag hanging on the door and ran from the room. It is not clear on the material before us or before the trial judge as to which offender grabbed the carry bag.