R v Teck Lee Lew [2004] NSWCCA 320

New South Wales Court of Criminal Appeal

CITATION : R v Teck Lee Lew [2004] NSWCCA 320 HEARING DATE(S) : 16/09/2004 JUDGMENT DATE : 21 September 2004

JUDGMENT OF : Wood CJ at CL at 1; Kirby J at 2; Buddin J at 3 DECISION : Allow appeal against conviction for being an accessory before the fact to armed robbery on 22 May 2001. Quash the conviction and sentence in relation thereto. Refuse leave to appeal against the sentence imposed for being an accessory before the fact to attempted armed robbery on 14 May 2001. Grant leave to appeal against the sentence imposed for being an accessory before the fact to murder. Allow appeal (in part). Confirm the head sentence but quash the non-parole period. In lieu thereof fix a non-parole period of 10 years to commence on 5 July 2002 and to expire on 4 July 2012 at which time the applicant will be eligible for release to parole.The balance of term of the sentence is thus 4 years. The sentence itself will expire on 4 July 2016.

CATCHWORDS : Criminal law - sentence appeal - accessory before the fact to murder - complicity in felony-murder - withdrawal from criminal enterprise not ultimately effective. LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 R v Mills (CCA unreported 3 April 1995) R v R & G (1995) 79 A Crim R 191 R v Sharah (1992) 63 A Crim R 361 CASES CITED : R v Simpson (2001) 53 NSWLR 704 R v Tietie & ors (1988) 34 A Crim R 438 R v Truong (NSWCCA unreported 22 June 1998) R v Wright (CCA unreported 8 July 1997) PARTIES : Regina Teck Lee Lew FILE NUMBER(S) : CCA 2004/1880 COUNSEL : B Knox SC (Crown) R Hulme SC (Applicant SOLICITORS : S Kavanagh (Crown) S O'Connor (Applicant)