Lewins v R [2007] NSWCCA 189

New South Wales Court of Criminal Appeal

CITATION: Lewins v R [2007] NSWCCA 189

HEARING DATE(S): 06/06/2007

JUDGMENT DATE: 4 July 2007

JUDGMENT OF: Basten JA at 1; Grove J at 2; Howie J at 3

DECISION: 1. Grant leave to appeal and allow the appeal 2. Quash the sentences imposed in the District Court and in lieu impose the following sentences: (i) Count 1: Imprisonment for 18 months fixed term from 10 April 2006 to expire 9 October 2007. (ii) Count 2 (and matters on Form 1): Imprisonment for 6 years with a non-parole period of 4 years 6 months to date from 10 April 2006. The non-parole period is to expire on 9 October 2010. (iii) Count 3: Imprisonment for 3 years 6 months with a non-parole period of 12 months to date from 10 October 2010. The non-parole period is to expire on 9 October 2011, the date upon which the applicant is eligible to be released to parole. (iv) Count 4: Imprisonment for 12 months fixed term to commence on 10 October 2010 and to expire on 9 October 2011.

CATCHWORDS: Criminal Law - Appeal - Disparity with sentence of co-offender that was manifestly inadequate - Ellis discount misapplied - whether disparity so gross that the Court should intervene.

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 - ss 21A(2), 21A(3), 23(3)

R v Pan [2005] NSWCCA 114 R v Ellis (1986) 6 NSWLR 603 R v Dodd (1991 57 A Crim R 349 Ryan v The Queen (2001) 206 CLR 267 CASES CITED: SZ v R [2007] NSWCCA 19 R v Todd [1982] 2 NSWLR 517 Chang v R [2006] NSWCCA 409 Postiglione v The Queen (1997) 189 CLR 295 R v Grube [2005] NSWCCA 140 Tatana v R [2006] NSWCCA 398