Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
- Amendment notes
Medium Neutral Citation: Lechmana v R [2019] NSWCCA 112 Hearing dates: 11 March 2019 Date of orders: 16 August 2019 Decision date: 16 August 2019 Before: Payne JA at [1]
Bellew J at [15]
Campbell J at [21]Decision: (1) Time for bringing the application for leave to appeal is extended to 30 October 2018;
(2) Grant leave to appeal;
(3) Appeal dismissed.Catchwords: CRIMINAL LAW – Appeals – whether sentencing judge fell into Muldrock error – whether instinctive synthesis correctly undertaken – findings as to factual circumstances well founded – findings about failure of applicant to take responsibility well founded – findings about absence of contrition well founded – comparable cases not indicative of excessive sentence - lesser sentence not warranted. Legislation Cited: Crimes Act 1900 (NSW), s 23A
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 54A; 54B, Div 1A Pt 4
Criminal Appeal Act 1912 (NSW), s 6(3)Cases Cited: Abdulrahman v R [2016] NSWCCA 192
Aytugrul v R [2015] NSWCCA 139
Barbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2
Davis v R [2015] NSWCCA 90
Director of Public Prosecutions v Dalgliesh (a pseudonym) (2017) 262 CLR 428; [2017] HCA 41
Hili v R; Jones v R (2010) 242 CLR 520; [2010] HCA 45
House v The King (1936) 55 CLR 499; [1936] HCA 40
Kentwell v The Queen (2014) 252 CLR 601; [2014]
Majid v R [2016] NSWCCA 289
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
R v Biles (No 2) [2017] NSWSC 525
R v DeBeyer [2017] NSWSC 1700
R v Do (No 4) [2015] NSWSC 512
R v Fesus (No 9) [2018] NSWSC 176
R v Haydar (No 4) [2017] NSWSC 615
R v Hejabian [2016] NSWSC 1692
R v Serutawke [2014] NSWSC 1762
R v Way (2004) 60 NSWLR 168; [2004] NSWCCA 131
Rajendran v R [2014] NSWCCA 113
Wang v R [2017] NSWCCA 61
Yun v R [2017] NSWCCA 317Category: Principal judgment Parties: Nanthagopal Nanthagopal Lechmana (Applicant)
Regina (Respondent Crown)Representation: Counsel:
Solicitors:
Dr G.D. Woods QC with T.F. Woods (Applicant)
Dr D. Kell with Ms E. Jones (Crown)
O'Brien Criminal & Civil Solicitors (Applicant)
Officer of the Director of Public Prosecutions (Crown)
File Number(s): 2008/19511 Decision under appeal
- Court or tribunal:
- Supreme Court of New South Wales
- Jurisdiction:
- Common Law Division
- Citation:
- [2010] NSWSC 849
- Date of Decision:
- 09 July 2010
- Before:
- Latham J
- File Number(s):
- 2008/19511
Judgment
-
PAYNE JA: I have read the judgment of Campbell J in draft. I gratefully adopt his Honour’s summary of the facts and relevant issues in the case, which I will not repeat. Whilst I agree with the orders proposed by his Honour, my reasons for joining in those orders differ.
-
Simpson J, as her Honour then was (Basten JA and Adamson J agreeing),…
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- AGLC
- Lechmana v The Queen [2019] NSWCCA 112
- Case
- [2019] NSWCCA 112
- Decision Date
CaseChat Overview and Summary
The Court found that the sentencing judge did not fall into a Muldrock error, as the judge had correctly assessed the totality of the circumstances, including the seriousness of the offending, the applicant's criminal history, and the need for deterrence and denunciation. The Court also found that the sentencing judge had correctly applied the instinctive synthesis approach, taking into account all relevant factors and giving appropriate weight to each. The findings about the factual circumstances, the applicant's failure to take responsibility, and the absence of contrition were well founded and supported by the evidence. The Court further held that the sentence imposed was not excessive when compared to similar cases and that a lesser sentence was not warranted.
In conclusion, the High Court dismissed the appeal against sentence, upholding the sentence imposed by the sentencing judge. The Court found that the sentencing judge had correctly applied the relevant legal principles and that the sentence was appropriate in the circumstances. The Court did not consider it necessary to reduce the sentence imposed on the applicant.
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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