Regina v Scott Tikao Lewis - [1999] NSWSC 131

CITATION: REGINA v Scott Tikao LEWIS [1999] NSWSC 131

CURRENT JURISDICTION: Supreme Court of New South Wales

FILE NUMBER(S): 70069/95

HEARING DATE(S): 22/2/99 - 26/2/99

JUDGMENT DATE:
1 March 1999

PARTIES :

Regina
Scott Tikao Lewis

JUDGMENT OF: Sully J

COUNSEL : R. D. Cogswell SC - Crown
G. Nicholson QC - Prisoner

SOLICITORS: NSW Crown Solicitor
Mark Rumore

CATCHWORDS:

DECISION: Sentenced to penal servitude for 9 years, apportioned between a minimum term of 6 years and an additional term of 3 years. The minimum term will commence on 8 February 1995 and expire on 7 February 2001. Eligible for parole on 8 February 2001.

22

SUPREME COURT OF
NEW SOUTH WALES
CRIMINAL DIVISION
SULLY J
Monday 1 March, 1999
70069/95 - REGINA v Scott Tikao LEWIS
ON SENTENCE
1 HIS HONOUR On 15 February last Mr. Scott Tikao Lewis, [“the prisoner”], was presented in this Court for trial upon an indictment containing five counts. The first count in the indictment charged that the prisoner had murdered, on 4 February 1994 at Campbelltown in this State, one Damon Dennis, [“the victim”]. The prisoner pleaded not guilty to the charge preferred against him in the first count of the indictment; but he offered a plea of guilty of the manslaughter of the victim. The Crown accepted that plea in full discharge of the entire indictment. It becomes, therefore, unnecessary to consider the remaining contents of the indictment as originally presented.
2 The prisoner was convicted formally of the manslaughter of the victim, and was remanded thereupon in custody to Monday of last week, 22 February, for the commencement of proceedings on sentence. Those proceedings continued intermittently throughout the whole of last week.
3 The prisoner was first arrested and charged on 8 February 1995. He was then charged with the murder of the victim. In due course, and during 1996, the prisoner was tried upon indictment, and before Dowd J of this Court and a jury, for the alleged murder of the victim. The jury found the prisoner guilty as charged, and he was sentenced subsequently to a substantial term of penal servitude. Later still, the Court of Criminal Appeal quashed that conviction and sentence, and ordered the prisoner’s re-trial. It was that re-trial order that brought the prisoner before this Court on 15 February last. The prisoner has been in unbroken custody since 8 February 1995.
4 During the course of the proceedings on sentence, the prisoner himself gave extensive sworn evidence. This evidence contains, among other things, the only discursive narrative put before the Court as to the facts and circumstances surrounding the death of the victim.
5 According to that version of the prisoner, he was at the material times a member of a motor cycle club known as “The Rebels”. The prisoner says that he went in company with a number of other members of the club, and at or shortly after midnight on 4 February 1994, to the Mawson Park Tavern at Campbelltown. He was standing…

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.

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Details

Case: [1999] NSWSC 131
Decision Date: 1 March 1999

CaseChat Overview and Summary

In Regina v Scott Tikao Lewis, the Supreme Court of New South Wales sentenced Scott Tikao Lewis to penal servitude for 9 years for the manslaughter of Damon Dennis. The court accepted Lewis's guilty plea to manslaughter by an unlawful and dangerous act and found that his involvement in the group assault that led to Dennis's death constituted a serious criminal offence. The court took into account various factors, including Lewis's plea of guilty, his remorse, his prospects for rehabilitation, and the conditions under which he would serve his sentence. The court also considered the victim impact statements provided by Dennis's family.

The court found that Lewis's participation in the assault, along with his fellow club members, exposed Dennis to an appreciable risk of serious injury. Lewis's prior criminal history, including breaching parole and being on conditional bail, also played a role in the court's decision. The court acknowledged that Lewis's family support would be crucial for his eventual rehabilitation.

While in custody, Lewis had been savagely assaulted by other inmates, and the court emphasized the need for the correctional authorities to take urgent and continuing care to ensure his safety and protect him from further attacks. The court struck a balance between these factors and the need for punishment and deterrence, ultimately imposing an aggregate sentence of 9 years, apportioned between a minimum term of 6 years and an additional term of 3 years. The minimum term will commence on 8 February 1995 and expire on 7 February 2001. Lewis will become eligible for parole on 8 February 2001.

Orders