Lee v Tasmania

[2020] TASCCA 6

[2020] TASCCA 6

COURT:        SUPREME COURT OF TASMANIA (COURT OF CRIMINAL APPEAL)

CITATION:                Lee v Tasmania [2020] TASCCA 6

PARTIES:  LEE, Cody James
  v
  STATE OF TASMANIA

FILE NO:  CCA 3464/2017
DELIVERED ON:  28 March 2018
DELIVERED AT:  Hobart
HEARING DATE:  5 March 2018
JUDGMENT OF:  Blow CJ, Geason J and Porter AJ

CATCHWORDS:

Criminal Law – Appeal and new trial – Appeal against sentence – Grounds for interference – Sentence manifestly excessive or inadequate – Failing to report the killing of a person – Victim attacked and killed in defendant's presence at his home – Cumulative sentence of 3½ years' imprisonment with non-parole period of 2½ years.

Aust Dig Criminal Law [3521]

REPRESENTATION:

Counsel:
             Appellant:  P Monk
             Respondent:  D G Coates SC
Solicitors:
             Appellant:  Legal Aid Commission of Tasmania
             Respondent:  Director of Public Prosecutions

Judgment Number:  [2020] TASCCA 6
Number of paragraphs:  40

Serial No 6/2020
File No CCA 3464/2017

CODY JAMES LEE v STATE OF TASMANIA

REASONS FOR JUDGMENT  COURT OF CRIMINAL APPEAL

BLOW CJ
GEASON J
PORTER AJ
28 March 2018

Orders of the Court:

1. Appeal allowed.

1. Sentence of 3½ years' imprisonment, with non-parole period of 2½ years, set aside.

1. Appellant sentenced to 15 months' imprisonment.

1. That 3 months and 7 days of that sentence be concurrent with the sentence imposed on the appellant by the Honourable Justice Pearce on 29 September 2017, and the balance cumulative with that sentence.

1. That the appellant not be eligible for parole until he has served 7½ months of the substituted sentence.

1. That the substituted sentence take effect as if it had been imposed on 15 November 2017.

Serial No 6/2020
File No CCA 3464/2017

CODY JAMES LEE v STATE OF TASMANIA

REASONS FOR JUDGMENT  COURT OF CRIMINAL APPEAL

BLOW CJ
28 March 2018

1. This is a sentencing appeal.  On the morning of 1 January 2017 the appellant, Cody Lee, was at his home in Newnham.  Another man, a friend of his, was asleep on his couch.  Two more men entered the appellant's home.  They attacked the man who had been sleeping on the couch.  He was punched and kicked. His hands and ankles were tied up with tape.  Water was poured over his face until he could not breathe.  On a number of occasions a plastic bag was put over his head.  He was choked at one stage.  Eventually he lost consciousness when the plastic bag was held over his head.  He did not regain consciousness.  He died there.  The appellant took no part in the attack.  He and the two assailants tried to revive the victim by performing CPR on him, but they were not successful. The visitors removed the body and later disposed of it in a lake. 

2. The appellant witnessed the killing but did not report it to the police or any other appropriate authorities.  Failing to report the killing amounted to a crime contrary to s 162A(2) of the Criminal Code.  The following month, after the victim's…