Lovell v R; Dominey v R [2006] NSWCCA 222

New South Wales Court of Criminal Appeal

CITATION: Lovell v R; Dominey v R [2006] NSWCCA 222

HEARING DATE(S): 9 June 2006

JUDGMENT DATE: 28 July 2006

JUDGMENT OF: McClellan CJ at CL at 1; Johnson J at 2; Latham J at 83

DECISION: 1. With respect to the Applicant, Aaron John Dominey - (a) leave to appeal against sentence is granted and the appeal is allowed ; (b) sentences imposed at the Campbelltown District Court on 4 August 2005 are quashed; (c) with respect to the offence under s.112(2) Crimes Act 1900, the Applicant is sentenced to a non-parole period of two years and three months commencing on 26 July 2004 and expiring on 25 October 2006 with a balance of term of 18 months commencing on 26 October 2006 and expiring on 25 April 2008; (d) with respect to the offence under s.195(a) Crimes Act 1900, the Applicant is sentenced to a fixed term of imprisonment of 18 months commencing on 26 July 2004 2. With respect to the Applicant, Peter David Lovell - (a) leave to appeal against sentence is granted and the appeal is allowed; (b) sentences imposed at the Campbelltown District Court on 4 August 2005 are quashed; (c) with respect to the offence under s.112(2) Crimes Act 1900, the Applicant is sentenced to a non-parole period of one year and nine months commencing on 13 February 2005 and expiring on 12 November 2006 with a balance of term of one year commencing on 13 November 2006 and expiring on 12 November 2007; (d) with respect to the offence under s.195(a) Crimes Act 1900, the Applicant is sentenced to a fixed term of imprisonment of 15 months commencing on 13 February 2005.

CATCHWORDS: SENTENCE - pleas of guilty - offence under s.112(2) Crimes Act 1900 of aggravated (in company) break, enter and commit serious indictable offence (malicious damage to property) - separate offence of malicious damage to property under s.195(a) Crimes Act 1900 - relevance of standard non-parole period for s.112(2) offence - assessment of gravity of s.112(2) offence on range of objective seriousness - error by sentencing judge in having regard to plea of guilty (and its timing) in assessing objective seriousness of s.112(2) offence - relevance of motive for offences - whether sentence for s.112(2) offence manifestly excessive - sentence imposed for s.195(a) offence approached maximum penalty for offence - whether sentence for s.195(a) offence manifestly excessive.