Regina v Lyons [2000] NSWCCA 337

Regina v Lyons [2000] NSWCCA 337

No error was demonstrated in the sentencing judge’s exercise of discretion in refusing to find special circumstances or in the quantum of the sentences; the sentence imposed fell within the appropriate range for the offence and circumstances.

Parties
Respondent: Regina; Applicant: Brett John Lyons
Jurisdiction
Australia
Judgment Date
12 July 2000
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence; Appeal Against Sentence
Outcome
Application for leave to appeal allowed; appeal dismissed
Legal Topics
Sentencing, Break Enter and Steal, Special Circumstances, Summary and Indictable Offences
Criminal Law Sentencing Break Enter and Steal Special Circumstances Summary and Indictable Offences

Case Brief

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Parties

Regina

Respondent

Brett John Lyons

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence; Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the sentencing judge erred in failing to find special circumstances for a departure from the statutory proportion between minimum and additional terms
  3. 3 Whether the sentencing judge erred by not considering that the offence could have been dealt with summarily

Ratio Decidendi

No error was demonstrated in the sentencing judge’s exercise of discretion in refusing to find special circumstances or in the quantum of the sentences; the sentence imposed fell within the appropriate range for the offence and circumstances.

Court Disposition

Application for leave to appeal allowed; appeal dismissed

Orders

  • Application for leave to appeal allowed
  • Appeal dismissed