R v Lomas [2004] NSWCCA 46

New South Wales Court of Criminal Appeal

CITATION : R v Lomas [2004] NSWCCA 46 HEARING DATE(S) : 5 February 2004 JUDGMENT DATE : 5 February 2004

JUDGMENT OF : James J at 1, 27; Buddin J at 26 DECISION : Leave to appeal granted - appeal dismissed

CATCHWORDS : Criminal law - sentence appeal - robbery offence LEGISLATION CITED : Crimes Act Crimes (Sentencing Procedure) Act R v Brown [2000] NSWCAA 423 CASES CITED : R v Henry (1999) 46 NSWLR 346 R v Proud [2002] NSWCCA 219 PARTIES : Regina v Daniel Anath Lomas FILE NUMBER(S) : CCA 60427/03 COUNSEL : RJ Button - Applicant DC Frearson- Crown SOLICITORS : S O'Connor - Applicant S Kavanagh - Crown

LOWER COURT District Court JURISDICTION : LOWER COURT 02/11/1106 FILE NUMBER(S) : LOWER COURT Blackmore DCJ JUDICIAL OFFICER :

- 7 - IN THE COURT OF CRIMINAL APPEAL 60427/03

JAMES J BUDDIN J

Thursday 5 February 2004 REGINA v DANIEL ANATH LOMAS Judgment 1 JAMES J : Daniel Anath Lomas has applied for leave to appeal against a sentence imposed on him in the District Court by his Honour Judge Blackmore on 2 May 2003, after the applicant had pleaded guilty to one offence of robbery in company committed on 16 April 2002.

2 His Honour imposed a sentence of imprisonment for seven years to commence on 23 April 2002, the date on which the applicant had been arrested and from which he had remained in custody, with a non-parole period of five years. In sentencing the applicant his Honour took into account another offence of robbery in company committed on 10 September 1998. Robbery in company is an offence under s 97(1) of the Crimes Act , for which the maximum penalty is imprisonment for twenty years.