Regina v Lewis [2005] NSWCCA 300

New South Wales Court of Criminal Appeal

CITATION: Regina v Lewis [2005] NSWCCA 300

HEARING DATE(S): 07/02/2005

JUDGMENT DATE: 2 September 2005

JUDGMENT OF: Grove J at 1; Hidden J at 2; Bell J at 17

DECISION: Leave to appeal granted, appeal dismissed.

CATCHWORDS: CRIMINAL LAW: Application for leave to appeal against sentence - break, enter and steal in circumstances of aggravation - two matters on Form 1 - relevance of standard non-parole period after plea of guilty - sentence passed before REGINA v WAY.

Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912

CASES CITED: R v Way (2004) 60 NSWLR 168

Regina (respondent) PARTIES: Katrina Lewis (applicant)

FILE NUMBER(S): CCA 2004/2630

Ms E Wilkins (Crown) COUNSEL: Mr S Corish (applicant)

S Kavanagh (Crown) SOLICITORS: S E O'Connor (applicant)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 04/41/0004

LOWER COURT JUDICIAL OFFICER: Knight DCJ

IN THE COURT OF CRIMINAL APPEAL 2004/2630

JUSTICE GROVE JUSTICE HIDDEN JUSTICE BELL

Friday 2 September 2005 REGINA v Katrina LEWIS Judgment 1 GROVE J: I agree with Hidden J. 2 HIDDEN J: The applicant, Katrina Lewis, pleaded guilty in the District Court at Bega to a charge of aggravated break, enter and steal, an offence under s112(2) of the Crimes Act which carries a maximum sentence of twenty years imprisonment. She also asked that further charges of stealing from a dwelling and stealing be taken into account on a Form 1. On the principal charge, and taking those additional matters into account, she was sentenced to imprisonment for four and a half years, comprising a non-parole period of two years and three months and a balance of term of the same length. She had been in custody since her arrest on 23 November 2003, and the sentence was directed to commence on that day. She seeks leave to appeal against that sentence. The application is well out of time, but the Crown did not oppose an extension of time and it should be granted.