Lukasik v R [2023] NSWCCA 94

Lukasik v R [2023] NSWCCA 94

The sentencing judge did not make any material errors of fact or law in sentencing. The findings regarding the mode and benefit of document use, criminal planning and sophistication, and the applicant's involvement were justified and open on the facts presented, and were not in error. Therefore, the grounds of appeal lack merit and do not warrant intervention.

Parties
Applicant: David Lukasik; Respondent: Rex
Jurisdiction
Australia
Judgment Date
28 April 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal against sentence granted; appeal against sentence dismissed.
Legal Topics
Appeal Against Sentence, Carjacking, Use of False Document, Financial Advantage by Deception, Planned Criminal Activity, Car Re Birthing, Objective Seriousness in Sentencing
Criminal Law Appeal Against Sentence Carjacking Use of False Document Financial Advantage by Deception Planned Criminal Activity Car Re Birthing Objective Seriousness in Sentencing

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Parties

David Lukasik

Applicant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether sentencing judge made erroneous findings of fact regarding use of false documents to obtain advantage
  2. 2 Whether sentencing judge made erroneous findings of fact concerning assault with intent to take motor vehicle
  3. 3 Whether sentencing judge erred in finding planning and aggravation under s 21A(2)(n) and involvement in vehicle re-birthing

Ratio Decidendi

The sentencing judge did not make any material errors of fact or law in sentencing. The findings regarding the mode and benefit of document use, criminal planning and sophistication, and the applicant's involvement were justified and open on the facts presented, and were not in error. Therefore, the grounds of appeal lack merit and do not warrant intervention.

Court Disposition

Leave to appeal against sentence granted; appeal against sentence dismissed.

Orders

  • Leave to appeal against sentence granted.
  • Appeal against sentence dismissed.