R. v. Mark LEWIS [2001] NSWCCA 448

R. v. Mark LEWIS [2001] NSWCCA 448

The conviction appeal failed because the circumstantial evidence strongly supported that the appellant entered Kerrie's Oasis with Ms. Pang, was present during the murders, and left with Rose and Waters, and, when Waters' evidence was approached with the required caution, the jury's verdicts were reasonable and justified. The hearsay complaint failed because Rose's statement was admissible as part of the narrative and no limiting order was sought. The sentence appeal failed because the sentencing judge did not err in treating the appellant's known harm to Ms. Pang's five children as relevant to culpability, nor in finding that this planned contract killing of a blameless victim,...

Jurisdiction
Australia
Judgment Date
09 November 2001
Procedural Posture
Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal
Outcome
Appeal against conviction dismissed; leave to appeal against sentence granted; appeal against sentence dismissed.
Legal Topics
['murder' 'appeal Against Conviction' 'unreasonable Verdict' 'joint Criminal Enterprise' 'felony Murder' 'contract Killing' 'life Sentence' 'hearsay' 'accomplice Evidence']
['criminal Law' 'evidence' 'sentencing'] ['murder' 'appeal Against Conviction' 'unreasonable Verdict' 'joint Criminal Enterprise' 'felony Murder' 'contract Killing' 'life Sentence' 'hearsay' 'accomplice Evidence']

Case Brief

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Procedural Posture

Criminal Appeal Against Conviction and Application for Leave to Appeal Against Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the jury's verdicts of guilty for murder were unreasonable, unsupported by the evidence, or otherwise represented a miscarriage of justice." "Whether evidence of Rose's alleged statement that the appellant was paying for the job was inadmissible hearsay or otherwise gave rise to a ground of appeal." 'Whether a new trial was required because further evidence could have been led, including evidence from Rose or evidence concerning the murder weapon.' "Whether the sentencing judge erred in treating as aggravating the appellant's knowledge that Ms. Pang's death would deprive five children of their mother." "Whether the volatility of the domestic relationship reduced the appellant's culpability for a contract killing so as to make a life sentence erroneous."]

Ratio Decidendi

The conviction appeal failed because the circumstantial evidence strongly supported that the appellant entered Kerrie's Oasis with Ms. Pang, was present during the murders, and left with Rose and Waters, and, when Waters' evidence was approached with the required caution, the jury's verdicts were reasonable and justified. The hearsay complaint failed because Rose's statement was admissible as part of the narrative and no limiting order was sought. The sentence appeal failed because the sentencing judge did not err in treating the appellant's known harm to Ms. Pang's five children as relevant to culpability, nor in finding that this planned contract killing of a blameless victim,...

Court Disposition

Appeal against conviction dismissed; leave to appeal against sentence granted; appeal against sentence dismissed.

Orders

  • ['Appeal against conviction dismissed.' 'Leave to appeal against sentence granted, and appeal against sentence dismissed.']