NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: R v Lucas [2005] NSWCCA 194
HEARING DATE(S): 18 May 2005
JUDGMENT DATE: 18 May 2005
JUDGMENT OF: Simpson J at 1, 23; Buddin J at 21; Hall J at 22
DECISION: (i) leave to appeal granted; (ii) appeal allowed in part; (iii) the applicant re-sentenced as follows - (a) Count 1 (and taking into account the additional offences): imprisonment with a non-parole period of two years, commencing on 10 December 2003 and expiring on 9 December 2005, with a balance of term of five years, commencing on 10 December 2005 and expiring on 9 December 2010; (b) Count 2: imprisonment with a non-parole period of two years, commencing on 10 December 2005 and expiring on 9 December 2007, with a balance of term of two years, commencing on 10 December 2007 and expiring on 9 December 2009. The earliest date on which the appellant will be eligible for release on parole is 10 December 2007.
CATCHWORDS: appeal against severity of sentence - break, enter and commit a serious indictable offence - second offence of same nature in aggravated form - additional offences taken into account - attempting to drive vehicle without consent of owner - larceny - pleas of guilty - special circumstances - Aboriginal heritage - drug dependence - whether aggregate sentence is manifestly excessive - whether adjustment in the aggregate non-parole period reflects special circumstances - prospects of rehabilitation
Crimes Act 1900, s112 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999, Division 3, Part 3, s54D
CASES CITED: R v Fernando (1992) 76 A Crim R 58
Crown - Respondent PARTIES: Robert Harry Lucas - Applicant
FILE NUMBER(S): CCA 2005/421
Virginia Lydiard - Crown COUNSEL: RJ Button - Applicant
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