REGINA v Scott Tikao LEWIS [1999] NSWSC 131

REGINA v Scott Tikao LEWIS [1999] NSWSC 131

The seriousness of the group assault, the prisoner's prior criminal history, breach of parole, and the acceptance of responsibility via guilty plea warranted a sentence of 9 years penal servitude, apportioned between a 6-year minimum term and a 3-year additional term, with special circumstances justifying this apportionment.

Jurisdiction
Australia
Judgment Date
01 March 1999
Procedural Posture
Criminal / Sentencing After Guilty Plea and Conviction
Outcome
Sentenced to penal servitude for 9 years, apportioned between a minimum term of 6 years and an additional term of 3 years. Eligible for parole on 8 February 2001.
Legal Topics
['manslaughter' 'sentencing' 'unlawful and Dangerous Act' 'group Assault']
['criminal Law'] ['manslaughter' 'sentencing' 'unlawful and Dangerous Act' 'group Assault']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentencing After Guilty Plea and Conviction

Legal Issues

  1. 1 ['What is the appropriate sentence for manslaughter by an unlawful and dangerous act?' 'Are there special circumstances warranting a particular apportionment of the sentence between minimum and additional terms?' "How should the prisoner's experiences in custody, prospects of rehabilitation, and risks from other inmates be accounted for in sentencing?"]

Ratio Decidendi

The seriousness of the group assault, the prisoner's prior criminal history, breach of parole, and the acceptance of responsibility via guilty plea warranted a sentence of 9 years penal servitude, apportioned between a 6-year minimum term and a 3-year additional term, with special circumstances justifying this apportionment.

Court Disposition

Sentenced to penal servitude for 9 years, apportioned between a minimum term of 6 years and an additional term of 3 years. Eligible for parole on 8 February 2001.

Orders

  • ['Sentence apportioned: minimum term 6 years commencing 8 February 1995, expiring 7 February 2001; additional term 3 years from 8 February 2001.' 'Recommendation for urgent reclassification of prisoner and steps to maximise physical protection and necessary medical treatment in custody.' 'Exhibits may be returned.']