CITATION: Regina v Samuel Noel LEVER [2001] NSWSC 1131 FILE NUMBER(S): SC 70040/97 HEARING DATE(S): 22/10/01, 23/10/01, 24/10/01, 25/10/01, 26/10/01, 29/10/01, 30/10/01, 7/12/01 JUDGMENT DATE:
13 December 2001PARTIES :
Regina
Samuel Noel LEVERJUDGMENT OF: Bell J at 1
COUNSEL : Dan Howard - Crown
Stephen Odgers SC - AccusedSOLICITORS: S E O'Connor
Aboriginal Legal ServiceCATCHWORDS: Sentence LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999CASES CITED: R v Blacklidge (unreported) NSWCCA, 12 December 1995
R v Edwards (1996) 90 A Crim R 510
Regina v Engert (1995) 84 A Crim R 67
Regina v Fernando (1992) 65 A Crim R 98
Regina v Letteri (unreported) NSWCCA, 18 March 1992
Regina v Previtera (1997) 94 A Crim R 76
Veen (no. 2) v The Queen (1987/88) 164 CLR 465DECISION: Sentence of ten years imprisonment to date from 11 March 1999; Non-parole period of six years; First date eligible for release on parole is 10 March 2005
IN THE SUPREME COURT
OF NEW SOUTH WALES
CRIMINAL DIVISION
70040/97
13 December 2001
BELL J
REGINA v Samuel Noel LEVER
Judgment
: On 22 October 2001 the offender was arraigned before me on an indictment charging him that on 15 November 1996 at Fingal he did murder Linda Jo Lever. He pleaded not guilty to that charge and a jury was duly empanelled. On 30 October 2001 the jury returned a verdict of not guilty of murder but guilty of manslaughter.
2 The sentence proceedings were stood over to 7 December 2001. On that date I received the reports of a number of psychiatrists and a psychologist, attached to the Corrections Health Service. The authors of those reports were cross-examined on them. I will return to this material in due course.
3 The deceased and the offender were married and lived in Fingal. The offender was aged thirty-six years at the date of the offence. He is Aboriginal.
4 The deceased died as the result of a sustained and brutal beating.
5 Dr Duflou, the pathologist who conducted the post-mortem examination, said that it had been very difficult to estimate the number of blows struck to the deceased since there were a large number of overlapping injuries. The possibility existed that one injury may have been caused by more than one blow, alternatively, there may have been blows to the body without causing observable injury. Dr Duflou went on to say “it was my estimate that there were a number of hundred blows to the surface of the body (T 88)”.
6 The blows were administered with at least two different types of weapon apart from a number of injuries caused by blunt force such as may have been produced by fists, feet, or for that matter, any other broad, non-sharp edged object. There were a number of parallel areas of bruising or abrasion which, in Dr Duflou’s opinion, were consistent with the use of a flexible object such as the rubber strap which police located at…
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- Case
- [2001] NSWSC 1131
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court was required to address involved the sufficiency of the evidence to support the conviction, the legality and proportionality of the sentence imposed, and whether any procedural errors occurred during the trial that could have affected the outcome. The court had to examine the evidence presented, the trial judge's handling of the case, and the principles of sentencing applicable to the charges.
The court found that the evidence was sufficient to support the conviction, as the testimonies and other evidence presented were reliable and consistent. The court also determined that the sentence imposed was appropriate, taking into account the seriousness of the offences, the defendant's criminal history, and the need for deterrence and rehabilitation. The court found no procedural errors that could have affected the outcome of the trial. Consequently, the appeal was dismissed, and the original conviction and sentence were upheld.
The final orders of the court were that the appeal be dismissed, and the original conviction and sentence imposed by the Supreme Court of South Australia be upheld.
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
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Ratio Decidendi
Legal Principle Established
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