LAWSON v REGINA [2011] NSWCCA 44

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: LAWSON v REGINA [2011] NSWCCA 44 Hearing dates: Monday 29 November 2010 Decision date: 22 March 2011 Before: Hall J at 1 Latham J at 118 Price J at 119 Decision: (1) Leave to appeal against conviction be granted. (2) The appeal against conviction be dismissed. (3) Leave to the applicant to appeal against sentence be granted. (4) The appeal against sentence be dismissed. Catchwords: CRIMINAL LAW - conviction appeal - conspiracy to interfere with Crown witnesses and intent to cause grievous bodily harm - inculpatory statement obtained by recording device on undercover police officer - initial plea of guilty to obtain entry by unlawful detention and two counts of conspire to cause grievous bodily harm - attempt to withdraw plea after sentence - applicant contended a lack of knowledge regarding the plea and no evidence to support conspiracy charges - recording device material suggested a fully formed conspiracy - conviction appeal dismissed Sentence appeal - whether the conspiracy was a fleeting conspiracy - whether material adduced in sentencing offender taken into account that was not in evidence - although taken into account, material would not have affected the trial judge-s assessment - appellate court intervention not warranted - whether Form 1 offences were enacted at the time of the offence - recognised by trial judge in reasons - no error despite inclusion on Form 1 - appeal dismissed Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912 Cases Cited: Cheung v The Queen (2001) 209 CLR 1 Regina v Boag (1994) 73 A Crim R 35 Regina v Caruso (1988) 37 A Crim R 1 Regina v Chiron (1980) 1 NSWLR 218 Regina v Davey (NSWCCA, unreported 3 March 1995) Regina v Favero [1999] NSWCCA 320 Regina v Foley (1963) 80 WN 726 Regina v Isaacs (1997) 41 NSWLR 374 Regina v Kouroumalos [2000] NSWCCA 453 Regina v Liberti (1991) 55 A Crim R 120 Regina v Murphy (1965) VR 187 Regina v Sagiv (1986) 22 A Crim R 73 Regina v Whitehead [2000] NSWCCA 400 Category: Principal judgment Parties: Noel LAWSON v REGINA Representation: Counsel: C: P Ingram SC A: D Barrow Solicitors: C: S Kavanagh A: S E O'Connor File Number(s): 2007/11479 Decision under appeal Date of Decision: 2009-06-19 00:00:00 Before: Bennett DCJ File Number(s): 2007/11479