R v Lewis [2003] NSWCCA 375

New South Wales Court of Criminal Appeal

CITATION : R v Lewis [2003] NSWCCA 375 HEARING DATE(S) : 5 December 2003 JUDGMENT DATE : 5 December 2003

JUDGMENT OF : Hidden J at 19; Smart AJ at 1 DECISION : Leave to appeal against sentence granted. Appeal allowed. Sentence quashed. In lieu of the sentence imposed the applicant is sentenced to imprisonment for 12 months commencing on 29 August 2003 with a non-parole period of 16 weeks expiring on 18 December 2003, on which date the applicant is to be released on parole.

CATCHWORDS : Subjective features given insufficient weight LEGISLATION CITED : Sentencing Procedure Act CASES CITED : Nil PARTIES : Regina v Bradley Scott Lewis FILE NUMBER(S) : CCA 6038203 COUNSEL : (A) R Jankowski (C) P Power SC SOLICITORS : (A) J Paton (C) C K Smith

LOWER COURT District Court JURISDICTION : LOWER COURT 03/31/0231 FILE NUMBER(S) : LOWER COURT English DCJ JUDICIAL OFFICER :

IN THE COURT OF CRIMINAL APPEAL

60350/03 HIDDEN J SMART AJ Friday, 5 December 2003 Regina v Bradley Scott LEWIS JUDGMENT

1. SMART AJ: Bradley Scott Lewis seeks leave to appeal against a sentence of imprisonment for 2 years with a non-parole period of 18 months for conspiracy to cheat and defraud. This is a common law offence and the sentence is at large.

2. About 11.15 pm on 20 November 2002 motor vehicle TJL 867 was stopped for the purpose of random breath testing. The driver of the car was Brendon Fenson and the passenger was Tracey Wasson. Police inquiries revealed that the vehicle had been reported stolen at 11pm at Port Macquarie. It was alleged by its owner that it was stolen from the marina car park before 10.30pm. Wasson told the police that she had permission from the owner to have the vehicle and it was a mistake. Fenson and Wasson were arrested and conveyed to Bulahdelah Police Station. They were informed by police that the owner had been contacted and stated that they did not have permission to have his vehicle. Wasson told the police that they had the car to do an insurance job for the applicant. Fenson similarly informed the police.