Gary Wayne Lobsey v R [2012] NSWCCA 239

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Gary Wayne Lobsey v R [2012] NSWCCA 239 Hearing dates: 24 October 2012 Decision date: 21 November 2012 Before: McClellan CJ at CL at [1] Bellew J at [2] Button J at [35] Decision: 1.Extend time in which to file a notice of intention to seek leave to appeal; 2.Grant leave to appeal; 3.Dismiss the appeal. Catchwords: CRIMINAL LAW - appeal - robbery inflicting grievous bodily harm - significant injuries occasioned to elderly victim - whether description of sentencing judge that the offending was "vicious and cowardly" was open - lack of intent on the part of the applicant to inflict injury - previously lengthy criminal history - maximum penalty of 25 years imprisonment - sentence of 7 years imprisonment with a non-parole period of 5 years imposed -- whether sentence manifestly excessive Legislation Cited: Crimes Act 1900 Cases Cited: Han v R [2009] NSWCCA 300 Hili v The Queen; Jones v The Queen [2010] HCA 45; (2010) 242 CLR 520 Category: Principal judgment Parties: Gary Wayne Lobsey - Applicant Crown - Respondent Representation: R Wilson - Applicant J Pickering - Crown Legal Aid NSW - Applicant S Kavanagh, Solicitor for Public Prosecutions - Respondent File Number(s): 2009/8133 Publication restriction: None Decision under appeal Date of Decision: 2009-08-20 00:00:00 Before: Coolahan DCJ