Lincoln v The King

Case [2024] NSWCCA 173


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Lincoln v R [2024] NSWCCA 173
Hearing dates: 12 August 2024
Date of orders: 18 September 2024
Decision date: 18 September 2024
Before: Mitchelmore JA at [1]
Cavanagh J at [2]
Chen J at [3]
Decision:

(1) Refuse leave to the applicant to appeal against his conviction.

(2) Grant leave to the applicant to appeal against the sentence imposed on 24 March 2023.

(3) Dismiss the appeal against the sentence.

Legislation Cited:

Crimes Act 1900 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Criminal Appeal Act 1912 (NSW)

Evidence Act 1995 (NSW)

Supreme Court (Criminal Appeal) Rules 2021 (NSW)

Cases Cited:

AB v The Queen (1999) 198 CLR 111; [1999] HCA 46

Aryal v R [2021] NSWCCA 2

Bektasovski v R [2022] NSWCCA 246; (2022) 407 ALR 125

Boatswain v R [2019] NSWCCA 238

Cahyadi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41

Caristo v R [2011] NSWCCA 7

Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194

Franklin v R [2019] NSWCCA 325

Geraghty v R [2023] NSWCCA 47

Golding v R [2024] NSWCCA 129

Greenaway v R [2021] NSWCCA 253

Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45

Hughes v The Queen (2017) 263 CLR 338; [2017] HCA 20

IMM v The Queen (2016) 257 CLR 300; [2016] HCA 14

JM v R [2014] NSWCCA 297; (2014) 246 A Crim R 528

Johnson v The Queen [2004] HCA 15; (2004) 78 ALJR 616

Kearsley v R [2017] NSWCCA 28; (2017) 265 A Crim R 233

Kelly v R [2021] NSWCCA 154

Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37

Kerr v R [2016] NSWCCA 218

Kirby v R [2021] NSWCCA 162

Kresovic v R [2018] NSWCCA 37

Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221

R v Bauer (2018) 266 CLR 56; [2018] HCA 40

R v Cattell [2019] NSWCCA 297; (2019) 280 A Crim R 502

R v Cramp [2004] NSWCCA 264

R v Harris [2015] NSWCCA 81; (2015) 70 MVR 412

R v Holder [1983] 3 NSWLR 245

R v MMK [2006] NSWCCA 272; (2006) 164 A Crim R 481

R v Simpson (2001) 53 NSWLR 704; [2001] NSWCCA 534

Rahman v R [2020] NSWCCA 13

Sydney Trains v Batshon [2021] NSWCA 143

Taitoko v R [2020] NSWCCA 43

TL v The King (2022) 275 CLR 83; [2022] HCA 35

Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64

Zreika v R [2012] NSWCCA 44; (2012) 223 A Crim R 460

Category:Principal judgment
Parties: Paul Joseph Lincoln (Applicant)
Rex (Respondent)
Representation:

Counsel:
J Martin (Applicant)
S Traynor (Respondent)

Solicitors:
Solomon Tudehope Solicitors (Applicant)
Solicitor for Public Prosecutions (NSW) (Respondent)
File Number(s): 2020/00179479
Publication restriction: Pursuant to s 578A of the Crimes Act 1900 (NSW)…

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Details
AGLC
Lincoln v The King [2024] NSWCCA 173
Case
[2024] NSWCCA 173
Decision Date

CaseChat Overview and Summary

The applicant, Paul Joseph Lincoln, appeals against his conviction and sentence imposed by the District Court on 24 March 2023. He raises five grounds for appeal, three of which challenge his conviction and two of which challenge his sentence. The applicant argues that the evidence relating to the Albert Road incident was wrongly admitted, that this resulted in a substantial miscarriage of justice, and that the jury were wrongly directed in connection with that evidence. He further argues that the trial judge erred in failing to adequately explain the finding of substantial emotional harm caused to the victim, LS, and that the aggregate sentence and non-parole period imposed were manifestly excessive. The Court refused leave to appeal the conviction but granted leave to appeal the sentence. It dismissed the appeal against the sentence. The evidence relating to the Albert Road incident was admissible and the jury was not misdirected about its use. The trial judge's reasons for finding substantial emotional harm were sufficient. The aggregate sentence and non-parole period were not manifestly excessive.

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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