Edwards v R [2020] NSWCCA 141

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Edwards v R [2020] NSWCCA 141 Hearing dates: 9 June 2020 Date of orders: 1 July 2020 Decision date: 01 July 2020 Before: Johnson J at [1] Harrison J at [2] Hamill J at [27] Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. Catchwords: APPEAL – sentence appeal – where appellant assaulted victim with knife with intent to rob – where appellant self-represented – whether sentence manifestly excessive – whether sentence unreasonable or plainly unjust Legislation Cited: Crimes Act 1900 (NSW), s 97(1) Category: Principal judgment Parties: Jessy Edwards (Applicant) Regina (Respondent) Representation: Counsel: M England (Respondent)

Solicitors: Solicitor for Public Prosecutions (Respondent) File Number(s): 2018/111243 Publication restriction: Nil Decision under appeal Court or tribunal: District Court, Newcastle Jurisdiction: Criminal Date of Decision: 29 March 2019 Before: Gartelmann SC DCJ File Number(s): 2018/135186

Judgment 1. JOHNSON J: I agree with Harrison J. 2. HARRISON J: Jessy Edwards seeks leave to appeal against a sentence imposed upon him by his Honour Judge Gartelmann SC on 29 March 2019 in the District Court at Newcastle. Mr Edwards had been found guilty on 1 February 2019 following a trial before his Honour and a jury of one count of assault with intent to rob whilst armed with an offensive weapon contrary to s 97(1) of the Crimes Act 1900. The maximum penalty for that offence is 20 years imprisonment. 3. His Honour sentenced Mr Edwards to imprisonment for 4 years commencing on 27 December 2018 and expiring on 26 December 2022 with a non-parole period of 2 years and 6 months expiring on 26 June 2021. 4. Mr Edwards appeared for himself without legal assistance in this Court and did not file submissions in support of his single relevant ground of appeal that was to the effect that his Honour's sentence was manifestly excessive. That ground of appeal complains that the sentence was too long. The appeal to this Court was limited to a challenge to the sentence imposed: an additional ground of appeal drawing attention to the fact that, in Mr Edwards' words, the case against him was purely circumstantial was understandably not pursued. 5. The Crown opposes the grant of leave to appeal. 6. His Honour described Mr Edwards' offending in the following terms: "On 5 January 2018 the victim was working at Newcastle University's Callaghan campus. At about 7pm she left the campus and began to walk home alone. Her route took her through a complex of tunnels beneath an overpass. As she travelled through a tunnel, she passed the offender walking in the opposite direction. Shortly afterwards, the offender ran up behind her. He grabbed her around the neck and held a knife near her throat. The victim described the knife as small and like a pocket knife. The offender asked the victim if she had any money. She said she had none but had a card. He asked what else she had. She said, 'Nothing'. The offender gave her a push, then left. The victim said in evidence she was scared by what had occurred, particularly because no one else was around." 1. Mr Edwards did not give evidence at the sentencing proceedings. A sentencing assessment report prepared by Ms Angela Anderson dated 8 March 2019 was tendered by the Crown. Mr Edwards relied upon a psychologist's report from Mr John Nolan dated 11 March 2019.