R v Lucas [2018] NSWDC 480

District Court New South Wales

Medium Neutral Citation: R v Lucas [2018] NSWDC 480 Hearing dates: 30 May 2018; 28 September 2018 Decision date: 28 September 2018 Jurisdiction: Criminal Before: King SC DCJ Decision: SEQ 002: Form 1 matters (SEQ 003, 006, 007) taken into account. Convicted. Special circumstances found: background, need for a longer period on parole to address his drug use & criminal offending, and assist in rehabilitation and return to a lawful life in the community. Sentenced to a total term of imprisonment of 6 years and 5 months, comprising a NPP of 4 years and 5 months to commence on 4 July 2016 and to expire on 3 December 2020, and a balance of term of 2 years to commence on 4 December 2020 and expiring on 3 December 2022. Eligible for release to parole on 3 December 2020. Catchwords: CRIME – sentence - robbery while armed with dangerous weapon, sawn-off .22 rifle – larceny – joint criminal enterprise – parity - home invasion - subjective matters – deprived background - extensive history of illicit drug use – criminal history – mental health problems Legislation Cited: Crimes Act 1900 Cases Cited: Bugmy v the Queen (2013) HCA 37 Callaghan v R [2006] NSWCCA 58 R v Fernando (2002) NSWCCA 28 R v Huynh (2003) NSW CCA 239 R v McVittie (2002) NSW CCA 344 R v Moffatt (1990) 20 NSWLR 114 Category: Sentence Parties: Regina Robert Henry Lucas Representation: Counsel: Defence: Mr B Walsh