R v Lesi [2010] NSWCCA 240

New South Wales Court of Criminal Appeal

CITATION: R v Lesi [2010] NSWCCA 240 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 14/10/2010

JUDGMENT DATE: 28 October 2010

JUDGMENT OF: McClellan CJatCL at 1; Kirby J at 2; Hoeben J at 3

The Crown appeal in respect of the sentences for counts 1, 2, 3 and 4 is allowed. The sentence in respect of count 1 is quashed and in lieu thereof the respondent is sentenced to a term of imprisonment with a non-parole period of 6 years to date from 10 November 2007 and to expire on 9 November 2013 with a balance of term of 4 years to expire on 9 November 2017. DECISION: The sentence in respect of count 2 is quashed and in lieu thereof the respondent is sentenced to a term of imprisonment with a non-parole period of 4 years to date from 10 November 2010 and to expire on 9 November 2014 with a balance of term of 3 years to expire on 9 November 2017. The sentence in respect of count 3 is quashed and in lieu thereof the respondent is sentenced to a term of imprisonment with a non-parole period of 4 years to date from 10 November 2011 and to expire on 9 November 2015 with a balance of term of 3 years to expire on 9 November 2018. The sentence in respect of count 4 is quashed and in lieu thereof the respondent is sentenced to a term of imprisonment with a non-parole period of 5 years to date from 10 November 2012 and to expire on 9 November 2017 with a balance of term of 4 years to expire on 9 November 2021.

CATCHWORDS: CRIMINAL LAW - Crown appeal against sentence - pleas of guilty to two offences of robbery armed with a dangerous weapon and two offences of attempted robbery armed with a dangerous weapon - sentences failed to reflect objective seriousness of offences - failure to take into account offences on a Form 1 document - failure to apply the principles in Pearce v The Queen (1994) 194 CLR 610 - excessive attention paid to offender's subjective case - need to re-sentence.