R. v. Mark LEWIS [2001] NSWCCA 448

New South Wales Court of Criminal Appeal

CITATION : R. v. Mark LEWIS [2001] NSWCCA 448 FILE NUMBER(S) : CCA 60724/99 HEARING DATE(S) : 23 October 2001 JUDGMENT DATE : 9 November 2001

PARTIES : Regina - respondent Mark Lewis - appellant JUDGMENT OF : Hodgson JA at 1; Barr J at 73; Greg James J at 74

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 70075/97 LOWER COURT JUDICIAL Ireland J OFFICER :

COUNSEL : Mr. P. Boulton for appellant Mr. P. Berman SC for Crown SOLICITORS : Joanne Harris for appellant S.E. O'Connor for Crown CATCHWORDS : CRIMINAL LAW - Murder - Appeal against conviction - Whether verdict unreasonable - Appeal against sentence - Life sentence - Whether aggravating feature that appellant knew the victim's death would deprive five children of their mother. D. LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1991, s.61 CASES CITED: R. Previtera (1997) 94 A Crim R 76 DECISION : See par.72 of judgment

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL CCA 60724/99 HODGSON JA BARR J GREG JAMES J

Friday 9th November 2001. R. v. Mark LEWIS Judgment

1 HODGSON JA:: On 19th November 1999, after a trial lasting fourteen days, the appellant Mark Lewis was found guilty by a jury on two charges: first, that on 14th February 1994 at Gladesville in the State of New South Wales he did murder Kerrie Pang; and second, that on 14th February 1994 at Gladesville in the State of New South Wales he did murder Fatma Ozonal. 2 The appellant was sentenced on 9th June 2000. For the murder of Kerrie Pang, he was sentenced to life imprisonment. For the murder of Fatma Ozonal, he was sentenced to eighteen years imprisonment, commencing on 28th April 1999 and expiring on 27th April 2017. A non-publication order was made to protect the identity of the son of the appellant and Ms. Pang. 3 The appellant appeals from his conviction, and seeks leave to appeal from the sentence. 4 The Crown case was that the appellant participated in a joint criminal enterprise with Lindsay Rose to murder the appellant's de facto Ms. Pang, in the course of which Ms. Ozonal was also murdered. The Crown case was that there was a third participant in the enterprise, namely Ronald Waters, who assisted Rose to obtain access to the premises where Ms. Pang was murdered. 5 Before considering the case on appeal, it is convenient to first outline the circumstances clearly established by evidence at the trial.