Lunn-Reid v R [2018] NSWCCA 110

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Lunn-Reid v R [2018] NSWCCA 110 Hearing dates: 27 April 2018 Decision date: 08 June 2018 Before: Hoeben CJ at CL at [1] Rothman J at [2] Button J at [3] Decision: (1) Leave to appeal granted. (2) Appeal allowed with regard to the sentence for wounding with intent to cause grievous bodily harm imposed by Judge McLoughlin on 18 August 2016. (3) That sentence is quashed. (4) With regard to that offence, the applicant is sentenced to a non-parole period of four years, eleven months and nine days to commence on 17 June 2017 and expire on 25 May 2022. That will be followed by a parole period of three years, four months and 21 days, to commence on 26 May 2022 and to expire on 16 October 2025. (5) The first date upon which the applicant is eligible for possible release on parole is 25 May 2022. Catchwords: CRIMINAL LAW – appeal against sentence – asserted error in applying discounts for pleas of guilty – asserted failure to give effect to finding of special circumstances due to cumulation – ratio between the non-parole period and total head sentence beyond the "statutory ratio" of 75% – appeal upheld – countervailing considerations on re-sentence regarding violent schizophrenic applicant Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: R v Borkowski [2009] NSWCCA 102; 195 A Crim R 1 R v Engert (1995) 84 A Crim R 67 R v Thomson; R v Houlton [2000] NSWCCA 309; 49 NSWLR 383; 115 A Crim R 104 Veen v The Queen (No.2) [1988] HCA 14; (1988) 164 CLR 465 Category: Principal judgment Parties: Jesse John Lunn-Reid (Applicant) Regina Representation: Counsel: C Wasley (Applicant) B Baker (Crown)