Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Lamis v R [2016] NSWCCA 274 Hearing dates: 21 November 2016 Date of orders: 02 December 2016 Decision date: 02 December 2016 Before: Hoeben CJ at CL at [1]
R A Hulme J at [2]
Schmidt J at [3]Decision: (1) Leave to appeal is granted.
(2) The appeal is dismissed.Catchwords: CRIMINAL LAW – leave to appeal and appeal against sentence – leave to appeal granted – whether sentence was manifestly excessive – purposes of sentencing – relevance of mental health condition – applicant’s desire for an extended period of supervision and mental health treatment – sentence for the firearms offence was not too high – overall lenient sentence was imposed – appeal dismissed Legislation Cited: Firearms Act 1996 (NSW), s 3, s 7(1)
Crimes Act 1900 (NSW), s 193B(3)
Summary Offences Act 1988 (NSW), s 11C(1)
Crimes (Sentencing Procedure Act) 1999 (NSW), s 3A, s 44 s 54A(2)Cases Cited: Attorney-General’s Application under s 37 of the Crimes (Sentencing Procedure) Act 1999 (No 1 of 2002) (2002) 56 NSWLR 146; [2002] NSWCCA 518
Barbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2
CMB v Attorney General for NSW (2015) 256 CLR 346; [2015] HCA 9
Franklin v R [2013] NSWCCA 122
House v The King (1936) 55 CLR 499; [1936] HCA 40
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
MP v Regina [2009] NSWCCA 226
MPB v The Queen (2013) 234 A Crim R 576; [2013] NSWCCA 213
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57
Power v The Queen (1974) 131 CLR 623; [1974] HCA 26
R v Amurao [2005] NSWCCA 32
R v Goktas [2004] NSWCCA 296
R v Hemsley [2004] NSWCCA 228
R v Jarrold [2010] NSWCCA 69
R v Najem [2008] NSWCCA 32
R v Tolley [2004] NSWCCA 165
R v XX (2009) 195 A Crim R 38; [2009] NSWCCA 115
Thalari v Regina (2009) 75 NSWLR 307; [2009] NSWCCA 170Category: Principal judgment Parties: Dante Lamis (Applicant)
Regina (Crown)Representation: Counsel:
Solicitors:
Mr EWL Anderson (Applicant)
Ms V Lydiard (Crown)
Matouk Joyner Lawyers (Applicant)
Solicitor for Public Prosecutions (Crown)
File Number(s): 2015/29556 Publication restriction: None Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal Law
- Citation:
- --
- Date of Decision:
- 17 May 2016
- Before:
- Garling ADCJ
- File Number(s):
- 2015/29556
Judgment
-
HOEBEN CJ at CL: I agree with Schmidt J and the orders which she proposes.
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R A HULME J: Schmidt J has concluded that the sole ground of appeal asserting that the sentence imposed upon the applicant is manifestly excessive is not made out. I agree with her Honour and with the orders she proposes.
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SCHMIDT J: Mr Lamis seeks leave to appeal a sentence imposed upon him after he pleaded guilty to two offences committed at the…
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- AGLC
- Lamis v The Queen [2016] NSWCCA 274
- Case
- [2016] NSWCCA 274
- Decision Date
CaseChat Overview and Summary
The legal issues central to the Court of Appeal's decision included the assessment of whether the sentence imposed was manifestly excessive and the consideration of the purposes of sentencing as outlined in the Sentencing Act. The Court had to examine whether the trial judge appropriately balanced the seriousness of the offence with the applicant's mental health condition and his need for extended supervision and treatment. The applicant argued that the sentence did not reflect the need for a more lenient approach considering his mental health and the potential benefits of extended supervision.
The Court of Appeal held that the sentence imposed was not manifestly excessive, noting that while the firearms offence was serious, the overall sentence was lenient. The court found that the trial judge had adequately considered the purposes of sentencing, including the applicant's mental health condition and the need for treatment. The Court of Appeal concluded that the sentence was proportionate and that the applicant's desire for an extended period of supervision and mental health treatment was appropriately addressed within the overall sentence. Consequently, the leave to appeal and the appeal against sentence were dismissed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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