R v Lomas [2004] NSWCCA 46

R v Lomas [2004] NSWCCA 46

The sentence of seven years with a non-parole period of five years was not manifestly excessive given the seriousness of the offending, the fact it was committed shortly after release on parole, and the applicant's criminal history; the sentencing judge did not err in his consideration of special circumstances or the structuring of the non-parole and parole periods.

Parties
Crown: Regina; Applicant: Daniel Anath Lomas
Jurisdiction
Australia
Judgment Date
05 February 2004
Procedural Posture
Sentence Appeal / Application for Leave to Appeal and Appeal Determination
Outcome
Leave to appeal granted - appeal dismissed
Legal Topics
Sentence Appeal, Robbery in Company, Special Circumstances, Non Parole Period, Manifestly Excessive Sentence
Criminal Law Sentence Appeal Robbery in Company Special Circumstances Non Parole Period Manifestly Excessive Sentence

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Parties

Regina

Crown

Daniel Anath Lomas

Applicant

Procedural Posture

Sentence Appeal / Application for Leave to Appeal and Appeal Determination

Legal Issues

  1. 1 Whether the sentence imposed for the offence of robbery in company was manifestly excessive, in light of the applicant's custodial history and non-parole period
  2. 2 Whether the sentencing judge erred in setting the non-parole period and balance of the sentence

Ratio Decidendi

The sentence of seven years with a non-parole period of five years was not manifestly excessive given the seriousness of the offending, the fact it was committed shortly after release on parole, and the applicant's criminal history; the sentencing judge did not err in his consideration of special circumstances or the structuring of the non-parole and parole periods.

Court Disposition

Leave to appeal granted - appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed