CITATION: Regina v Lesi [2005] NSWCCA 63
HEARING DATE(S): 15 February 2005
JUDGMENT DATE:
1 March 2005JUDGMENT OF: Grove J at 1; Bell J at 40; Buddin J at 41
DECISION: Appeal dismissed
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - SENTENCE - PARITY CO-OFFENDER INVOLVED IN ONE ONLY OF TWO MAJOR CRIMINAL ACTIONS BUT FOR ADDITIONAL OFFENCE RELATIVE TO IT - GUIDELINE IN R v HENRY APPROPRIATELY USED FOR OFFENCE OF ROBBERY IN COMPANY - SEPARATE CHARGE CONCERNING PARTICULAR VICTIM - OFFENDER NOT DOUBLY SENTENCED - TEST OF EXCEPTIONAL CIRCUMSTANCES NOT APPROPRIATE FOR DEPARTURE FROM GUIDELINE - IN OVERALL CIRCUMSTANCES LESSER SENTENCE NOT WARRANTED
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
s6(3) Criminal Appeal Act 1912CASES CITED: R v Henry 1999 46 NSWLR 346
R v Murchie 1999 108 A Crim R 482
Pearce v The Queen 1998 194 CLR 610
R v Smith 2004 144 A Crim R 577
R v Stanley [2003] NSWCCA 233PARTIES: Regina v Billy Lesi
FILE NUMBER(S): CCA 2004/2561
COUNSEL: W. Dawe QC ( (Crown)
P. Boulten SC (Applicant)SOLICITORS: S. Kavanagh (DPP)
Galloways (Applicant)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/21/0316; 03/21/0138
LOWER COURT JUDICIAL OFFICER: Sorby DCJ
2004/2561
1 March 2005GROVE J
BELL J
BUDDIN J
1 GROVE J: This is an application for leave to appeal against severity of sentence imposed in the District Court by Sorby DCJ.
2 The applicant had pleaded guilty to a number of charges when presented in the Local Court and he was committed for sentence. Due to technical irregularities some matters were the subject of re-presentment on indictment but the applicant had effectively admitted his guilt at the earliest opportunity.
3 The first set of charges dealt with on committal for sentence arose out of his participation in a robbery at the Victoria Hotel, Annandale shortly after 1 am on 24 February 2002. The substantive charges were robbery in company (the victim being Mr Colin Hindmarch) and assault (the victim being Mr Alan McIlveen). Taken into account on a Form 1 were four further charges namely robbery in company of Mr McIlveen, assault with intent to rob Leslie Brock; assault with intent to rob Kate Brock, and assault of Leslie Brock.
4 The applicant and an unidentified co-offender entered the hotel, which was closed, but there were then present staff members and some friends of theirs. The offenders claimed to be armed with a gun but it does not appear that a gun was produced. Nevertheless, under the constraints of such representation, Mr Hindmarch was forced to hand over cash holdings of the hotel amounting to over $40,000.
5 The assault of Mr McIlveen followed his compliance with a direction to empty his pockets, during which he produced a set of car keys. The applicant repeatedly asked him where the car was and Mr McIlveen responded on each occasion that it was at Randwick. These responses were met by the applicant punching him about the…
Continue reading R v Lesi
Sign in free to access the full text
- AGLC
- R v Lesi [2005] NSWCCA 63
- Case
- [2005] NSWCCA 63
- Decision Date
CaseChat Overview and Summary
The court concluded that the guideline in R v Henry was appropriately used for the offence of robbery in company. It noted that Lesi's involvement in the additional offence relative to the major criminal action did not constitute double sentencing. The court found that the test of exceptional circumstances was not appropriate for departure from the guideline, and that in the overall circumstances, a lesser sentence was not warranted. The court emphasised the need for parity in sentencing co-offenders, ensuring that sentences reflect the severity and nature of the crimes committed. The appeal was dismissed, affirming the original sentencing approach.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.