Regina v Lyndon [2003] NSWCCA 152

Regina v Lyndon [2003] NSWCCA 152

The sentencing judge failed to account for the cumulative effect of the sentences in fixing the non-parole period. The sentence should be adjusted downward to allow for cumulation, reducing the non-parole period to three years six months.

Parties
Prosecutor: Regina; Applicant: Brett Ralph Lyndon
Jurisdiction
Australia
Judgment Date
30 May 2003
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence; Sentence Appeal
Outcome
Appeal allowed in part; non-parole period adjusted
Legal Topics
Sentencing, Appeal Against Sentence, Cumulation of Sentences, Non Parole Period, Special Circumstances
Criminal Law Sentencing Appeal Against Sentence Cumulation of Sentences Non Parole Period Special Circumstances

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Parties

Regina

Prosecutor

Brett Ralph Lyndon

Applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether the sentencing judge erred by not allowing for accumulation of sentences as a special circumstance when fixing the non-parole period for attempted armed robbery
  2. 2 Whether the non-parole period fixed was manifestly excessive

Ratio Decidendi

The sentencing judge failed to account for the cumulative effect of the sentences in fixing the non-parole period. The sentence should be adjusted downward to allow for cumulation, reducing the non-parole period to three years six months.

Court Disposition

Appeal allowed in part; non-parole period adjusted

Orders

  • Leave to appeal against sentence granted.
  • Appeal allowed in part.