Lamis v R [2016] NSWCCA 274

Lamis v R [2016] NSWCCA 274

The sentence was not manifestly excessive. The sentencing judge did not materially mistake the facts, the Crown's submissions did not contravene Barbaro, and the applicant's mental health and personal circumstances were considered, including by a finding of special circumstances. The firearms offence was objectively serious because the applicant carried a loaded, working pistol and a knife in a public casino while involved in collecting money connected with a drug transaction, and specific and general deterrence were required. The sentence for the firearms offence, increased for the Form 1 knife offence and discounted for the early plea, was not too high, and the wholly concurrent...

Jurisdiction
Australia
Judgment Date
02 December 2016
Procedural Posture
Criminal Leave to Appeal and Appeal Against Sentence / Application for Leave to Appeal and Appeal in the Court of Criminal Appeal From Sentence Imposed in the District Court
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['manifestly Excessive Sentence' 'firearms Offence' 'proceeds of Crime Offence' 'mental Health and Sentencing' 'standard Non Parole Period' 'form 1 Offence' 'totality and Concurrency' 'general and Specific Deterrence']
['criminal Law' 'sentencing'] ['manifestly Excessive Sentence' 'firearms Offence' 'proceeds of Crime Offence' 'mental Health and Sentencing' 'standard Non Parole Period' 'form 1 Offence' 'totality and Concurrency' 'general and Specific Deterrence']

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Procedural Posture

Criminal Leave to Appeal and Appeal Against Sentence / Application for Leave to Appeal and Appeal in the Court of Criminal Appeal From Sentence Imposed in the District Court

Legal Issues

  1. 1 ['Whether the sentencing judge erred by imposing a sentence that was manifestly excessive.' "Whether the sentencing judge mistook relevant facts about the applicant's knowledge of the drug transaction and role in collecting the debt." 'Whether Crown submissions on sentence offended Barbaro v The Queen.' "Whether the sentencing judge failed to give proper effect to the applicant's mental health condition and desirability of supervision and treatment." 'Whether the sentence for the firearms offence was too high having regard to the standard non-parole period, maximum penalty, and Form 1 knife offence.' 'Whether the wholly concurrent sentence for the proceeds offence affected the overall assessment of severity.']

Ratio Decidendi

The sentence was not manifestly excessive. The sentencing judge did not materially mistake the facts, the Crown's submissions did not contravene Barbaro, and the applicant's mental health and personal circumstances were considered, including by a finding of special circumstances. The firearms offence was objectively serious because the applicant carried a loaded, working pistol and a knife in a public casino while involved in collecting money connected with a drug transaction, and specific and general deterrence were required. The sentence for the firearms offence, increased for the Form 1 knife offence and discounted for the early plea, was not too high, and the wholly concurrent...

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal is granted.' 'The appeal is dismissed.']