R v ATTARD & SHARAH [2000] NSWSC 511

New South Wales Supreme Court

CITATION : R v ATTARD & SHARAH [2000] NSWSC 511 FILE NUMBER(S) : SC L00021/97; L00011/97 HEARING DATE(S) : 8 October 1999 JUDGMENT DATE : 9 June 2000

Regina PARTIES : Frank Attard Michael Bernard Sharah JUDGMENT OF : Hulme J at 1

Crown: L Lamprati COUNSEL : Attard: C Waterstreet Sharah: CB Craigie Crown: SE O'Connor SOLICITORS : Attard: Galloways Sharah: Legal Aid CATCHWORDS : Determination of Life Sentence DECISION : See paragraph 67

- 26 - IN THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

NO: L00021/97 L00011/97 Friday, 9 June 2000 HULME J APPLICATION FOR DETERMINATION OF LIFE SENTENCE Frank ATTARD Michael Bernard SHARAH

1 HIS HONOUR: These Reasons relate to two applications made originally under Section 13A of the Sentencing Act, 1989 for the re-determination of life sentences.

2 On 24 November 1989 a painting contractor John Ikonomopoulos, his secretary and his two sons Nick and Cleomemis were waiting in his shop to pay his sub-contractors for their week's work. Frank Attard and Michael Bernard Sharah, both partially disguised and the former holding a loaded double-barrelled sawn-off shot gun, entered the shop. Attard menaced the occupants with the weapon and Sharah directed them to lie on the floor and demanded the location of the money intended for the sub-contractors.

3 On being informed of the money's location, Sharah took possession of it. As the offenders were about to leave the shop, Attard struck John Ikonomopoulos to the side of the head with the barrel of the shotgun causing an 8cm laceration above the left eye. Cleomemis then got to his feet, rushed at Attard and a struggle ensued. During the course of the struggle, Sharah left the shop with the proceeds of the robbery.