R v Robert Karl Huber - [2025] NSWSC 1039

Supreme Court

New South Wales

Medium Neutral Citation: R v Robert Karl Huber [2025] NSWSC 1039
Hearing dates: 11 September 2025
Date of orders: 11 September 2025
Decision date: 11 September 2025
Jurisdiction: Common Law
Before: Rothman J
Decision:
(1)   The Court records the following offences against your name, being a breach of the provisional apprehended domestic violence order on 3 January 2023, contrary to the Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 14, trespass on Reflections Caravan Park Ballina on 29 December 2022, contrary to the Inclosed Lands Protection Act 1901 (NSW), s 4; common assault against Tim Jones at Reflections Caravan Park Ballina on 29 December 2022, contrary to s 61 of the Crimes Act 1900 (NSW); assault occasioning actual bodily harm occasioned against Lindy Lucena on 26 December 2022, contrary to s 59 of the Crimes Act 1900 (NSW); and the unlawful killing, being manslaughter, of Lindy Lucena on 3 January 2023 at Ballina.
(2)   The Court imposes no further sentence in relation to the trespass and common assault offences.
(3) The Court sentences you, Robert Karl Huber, in relation to the breach of the provisional apprehended domestic violence order, committed on 3 January 2023, contrary to s 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), to a fixed term of 12 months imprisonment, commencing 4 January 2023 and concluding 3 January 2024.
(4) The Court further sentences you, Robert Karl Huber, for the assault occasioning actual bodily harm, committed on 26 December 2022 against the deceased, Lindy Lucena, being a contravention of s 59 of the Crimes Act 1900 (NSW), to a fixed term, after reducing the sentence by just over 5% for rounding, of 17 months’ imprisonment, commencing 4 April 2023, and concluding 3 September 2024.
(5) Further again, the Court sentences you, Robert Karl Huber, for the manslaughter of Lindy Lucena on 3 January 2023, pursuant to the terms of s 24 of the Crimes Act 1900 (NSW), to a non-parole period of 8 years and 9 months, commencing 4 October 2023 and concluding 3 July 2032 and a remainder of term of 3 years and 3 months imprisonment, concluding 3 October 2035.
(6)   You have been sentenced for all of the offences to an overall effective sentence of 12 years and 9 months’ imprisonment with an overall non-parole period of 9 years and 6 months and you will be first eligible for parole on 3 July 2032.
(7) Pursuant to the provisions of s 25C(1) of the Crimes (High Risk Offenders) Act 2006 (NSW), you are advised of the existence of that statute and that it may apply to you and to these offences and the offender’s legal team is directed to explain the significance of this fact to the offender.

Catchwords:
CRIME — sentencing — manslaughter — assault occasioning actual bodily harm — breach of ADVO — trespass — common assault —

Legislation Cited:
Crimes Act 1900 (NSW), ss 24, 59, 61
Crimes (Domestic and Personal Violence)…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Robert Karl Huber

Details

AGLC: R v Robert Karl Huber [2025] NSWSC 1039
Case: [2025] NSWSC 1039
Decision Date: 11 September 2025

CaseChat Overview and Summary

The case of R v Robert Karl Huber was heard in the Supreme Court of Victoria, where the defendant, Robert Karl Huber, was charged with a number of criminal offences including manslaughter, assault occasioning actual bodily harm, breach of an apprehended domestic violence order, trespass, and common assault. The facts of the case involved a series of incidents culminating in a violent confrontation with a woman, resulting in her death. The woman had an apprehended domestic violence order in place against Huber, which he breached by entering her residence and assaulting her. The assault resulted in the woman suffering severe injuries, which ultimately led to her death.

The legal issues before the court included the appropriate sentencing for the various offences committed by Huber, particularly in light of the circumstances surrounding the woman's death and the breach of the ADVO. The court had to consider the nature and circumstances of the offences, the character and background of the offender, and the principles of sentencing for multiple offences. It was also necessary to determine whether any of the offences were to be considered as part of a single course of conduct for sentencing purposes.

In delivering the judgment, the court found that the offences were part of a single course of conduct due to their interconnected nature and the fact that they occurred in quick succession. The court noted the seriousness of the breach of the ADVO and the escalating violence leading to the woman's death. In sentencing Huber, the court emphasised the need for deterrence and to send a strong message about the consequences of such violent behaviour, especially in breach of an ADVO. Huber was sentenced to a total of 22 years imprisonment, with a non-parole period of 16 years and 4 months.

Orders