Regina v Lyndon [2003] NSWCCA 152

New South Wales Court of Criminal Appeal

CITATION : Regina v Lyndon [2003] NSWCCA 152 HEARING DATE(S) : 30 May 2003 JUDGMENT DATE : 30 May 2003

JUDGMENT OF : James J at 25; Smart AJ at 1 DECISION : (1) Leave to appeal against sentence granted (2) Appeal allowed in part (3) Dismiss the appeal against the sentence of imprisonment for five years commencing on 15 November 2002 (4) Quash the non-parole period of three years nine months and in lieu thereof fix a non-parole period of three years six months expiring on 14 May 2006, on which day the applicant will be eligible for release on supervised parole.

CATCHWORDS : Sentencing - need to allow for cumulation of sentences - no question of priciple LEGISLATION CITED : Sentencing Act 1989 Crimes (Sentening Procedure) Act 1999 Clarke (1995) 78 ACR 226 CASES CITED : Henry (1999) 46 NSWLR 346 Simpson NSWCCA 18 June 1992 PARTIES : Regina v Brett Ralph Lyndon FILE NUMBER(S) : CCA 60096/03 COUNSEL : (A) A Francis (C) D M L Woodburne SOLICITORS : (A) D J Humphreys (C) S E O'Connor

LOWER COURT District Court JURISDICTION : LOWER COURT 02/31/0150 FILE NUMBER(S) : LOWER COURT Armitage DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL

60096/03 JAMES J SMART AJ Friday, 30 May 2003 Regina v Brett Ralph LYNDON JUDGMENT

1. SMART AJ: Brett Ralph Lyndon seeks leave to appeal against the asserted severity of a sentence of imprisonment of five years with a non-parole period of three years five months for attempted armed robbery with an offensive weapon to be served cumulatively upon a nine months non-parole period which he was serving at the time of sentence for driving offences.