R v Sharpe (No 7) [2021] NSWSC 379

Supreme Court New South Wales

Medium Neutral Citation: R v Sharpe (No 7) [2021] NSWSC 379 Hearing dates: 21 April 2021 Date of orders: 23 April 2021 Decision date: 23 April 2021 Jurisdiction: Common Law Before: Bellew J Decision: (1) The offender is convicted of the manslaughter of Andrew Peter Drake. (2) The offender is sentenced to imprisonment for a period of 7 years and 6 months to date from 10 January 2020 and to expire on 9 July 2027. (3) I specify a non-parole period of 4 years and 9 months imprisonment to date from 10 January 2020 and to expire on 9 October 2024. (4) The offender will be eligible for release on parole on 10 October 2024 and his sentence will expire on 9 July 2027. Catchwords: CRIMINAL LAW – Offences – Sentence following a trial where offender found not guilty of murder but guilty of manslaughter on the basis of excessive self-defence – Where the offender intervened in an altercation between his father and the deceased – Where deceased used a knife to seriously injure the offender's father – Where the offender then repeatedly stabbed the deceased – Offending aggravated by the use of a weapon and the fact that the offender was on conditional liberty at the time – Spontaneous offending initially followed by a response which was entirely excessive – Offender 18 years of age at the time – Guarded prospects of rehabilitation CRIMINAL LAW – Sentence – Finding facts following the verdict of a jury – Where Crown case of murder clearly rejected by jury – Where Crown submitted that it was open to reagitate factual issues on sentence based upon propositions denied by the offender and apparently rejected by the jury – Necessity to find facts consistent with the verdict of the jury – Necessity to interpret the jury's verdict in accordance with the manner in which the cases were presented at trial – Facts found accordingly Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Cases Cited: BP v R [2010] NSWCCA 159; (2010) 201 A Crim R 379 Clarke-Jeffries v R [2019] NSWCCA 56 Cheung v The Queen (2001) 209 CLR 1; [2001] HCA 67 Dellow v R [2020] NSWCCA 301 Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 HJ v R [2014] NSWCCA 21 JM v R [2012] NSWCCA 83; (2012) 223 A Crim R 55 KT v R [2008] NSWCCA 51; (2008) 182 A Crim 571 Mill v The Queen (1988) 166 CLR 59; [1988] HCA 70 R v Isaacs (1997) 41 NSWLR 374; (1997) 90 A Crim R 587 R v Mastronardi [2000] NSWCCA 12; (2000) 111 A Crim R 306 R v Medich (No.43) [2018] NSWSC 886 R v Shalala (CCA (NSW) 1 June 1989 (unreported) Smith v R [2015] NSWCCA 193 Category: Sentence Parties: Daniel James Sharpe – Offender Regina – Crown Representation: Counsel: K Ratcliffe – Crown T D Anderson – Offender