R v Lucas [2005] NSWCCA 194

R v Lucas [2005] NSWCCA 194

The aggregate head sentence was within range and not manifestly excessive, but the adjustment to the non-parole period did not sufficiently reflect special circumstances and the intention to provide the applicant the greatest opportunity for rehabilitation; the sentences were varied to allow a longer portion at liberty on parole.

Jurisdiction
Australia
Judgment Date
18 May 2005
Procedural Posture
Criminal Appeal / Appeal Against Severity of Sentence
Outcome
Appeal allowed in part
Legal Topics
['sentencing' 'severity of Sentence' 'break and Enter' 'aggravated Offence' 'special Circumstances' 'drug Dependence' 'aboriginal Heritage' 'manifest Excess' 'non Parole Period' 'rehabilitation']
['criminal Law'] ['sentencing' 'severity of Sentence' 'break and Enter' 'aggravated Offence' 'special Circumstances' 'drug Dependence' 'aboriginal Heritage' 'manifest Excess' 'non Parole Period' 'rehabilitation']

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Procedural Posture

Criminal Appeal / Appeal Against Severity of Sentence

Legal Issues

  1. 1 ['Whether the aggregate sentence is manifestly excessive' 'Whether adjustment in the aggregate non-parole period reflects special circumstances']

Ratio Decidendi

The aggregate head sentence was within range and not manifestly excessive, but the adjustment to the non-parole period did not sufficiently reflect special circumstances and the intention to provide the applicant the greatest opportunity for rehabilitation; the sentences were varied to allow a longer portion at liberty on parole.

Court Disposition

Appeal allowed in part

Orders

  • ['Leave to appeal granted' 'Appeal allowed in part' 'Applicant re-sentenced as follows: (a) Count 1 (and taking into account the additional offences): imprisonment with a non-parole period of two years, commencing on 10 December 2003 and expiring on 9 December 2005, with a balance of term of five years, commencing...