R v Henare (No 2) [2005] NSWCCA 367

New South Wales Court of Criminal Appeal

CITATION: R v Henare (No 2) [2005] NSWCCA 367

HEARING DATE(S): 27/10/2005

JUDGMENT DATE: 10 November 2005

JUDGMENT OF: McClellan CJ at CL at 1; Simpson J at 2; Hoeben J at 3

DECISION: Application for leave to appeal refused.

Lucas Jai Henare - Applicant PARTIES: Crown - Respondent

FILE NUMBER(S): CCA 1171/2005

H Dhanji - Appellant COUNSEL: P Ingram - Respondent

SE O'Connor, Legal Aid Commission of NSW - Appellant SOLICITORS: S Kavanagh - Solicitor for Public Prosecutions - Respondent

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 2003/0211

LOWER COURT JUDICIAL OFFICER: Dive DCJ

IN THE COURT OF CRIMINAL APPEAL 2005/1171 2005/1171a

McCLELLAN CJ at CL SIMPSON J HOEBEN J

Thursday, 10 November, 2005 REGINA v Lucas Jai HENARE (No 2) Judgment

1 McCLELLAN CJ at CL: I agree with Hoeben J. 2 SIMPSON J: I agree with Hoeben J. 3 HOEBEN J: The applicant seeks leave to appeal pursuant to s5(1)(c) of the Criminal Appeal Act 1912 against a sentence imposed on him in the Drug Court on 24 November 2004 in respect of a break enter and steal offence which took place on 2 December 2002. 4 An appeal was also brought pursuant to s5AF in relation to matters in which the Drug Court imposed sentences pursuant to s12 of the Drug Court Act. That appeal was heard by me as a single judge sitting as the Court of Criminal Appeal in accordance with that section. I dismissed the appeal. 5 The only ground of appeal relied upon was as follows: "Ground 1 – In the event that the applicant's appeal brought pursuant to s5AF is successful this Court would intervene in the appeal brought under s5(1)(c) to give effect to the sentencing judge's stated intention."