R v Lewis; Ex parte

In the case of R v Lewis; Ex parte, the respondent, Lewis, was convicted after a plea of guilty to a malicious act with intent being a domestic violence offence. Lewis threw fuel onto the complainant, igniting fumes that caused the complainant to become engulfed in flames, resulting in severe burns covering 21 per cent of her body. Lewis was sentenced to nine and a half years imprisonment, but the sentence did not include a serious violent offence declaration. The Attorney-General appealed the sentence, arguing that the learned sentencing judge erred in not declaring that the offence was a serious violent offence and that the sentence imposed was manifestly inadequate.

The court was required to decide whether the sentence imposed by the sentencing judge was manifestly inadequate. The appeal hinged on whether the sentencing judge gave too much weight to the factors of insight and remorse when compared to the objective seriousness of the offending. The sentencing judge took into account several factors in determining the sentence, including the late plea of guilty, Lewis' age and maturity at the time of the offence, his drug-addicted state, his post-offending conduct, and his letter of remorse. The sentencing judge found that Lewis had insight into the intent underlying the offence and that his expression of remorse was authentic.

The court held that the findings of the sentencing judge were open to him and that the appeal should be dismissed. The court found that the sentencing judge appropriately balanced the mitigating factors with the objective seriousness of the offending. The court also noted that Lewis had been waiting for five years for his sentence to be finally determined, which was a particularly significant period of time in view of his age. The court exercised its residual discretion to dismiss the appeal.

ORDERS:
The appeal was dismissed on 2 June 2021.