Regina v Sharpe [2002] NSWCCA 96

New South Wales Court of Criminal Appeal

CITATION : Regina v Sharpe [2002] NSWCCA 96 FILE NUMBER(S) : CCA 60037/01 HEARING DATE(S) : 20 March 2002 JUDGMENT DATE : 20 March 2002

PARTIES : Regina v David Dimitrious Sharpe JUDGMENT OF : Adams J at 26; Smart AJ at 1

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 00/11/0660 LOWER COURT JUDICIAL Shadbolt DCJ OFFICER :

COUNSEL : (A) H Dhanji (R) G E Smith SOLICITORS : (A) D J Humphreys (R) S E O'Connor CATCHWORDS : Sentencing - mistake of fact - parity, principles of parity apply where co-offender sentenced by this Court on Crown appeal. LEGISLATION CITED : Nil R v Hoschke [2001] NSWCCA 317 Lowe v The Queen (1984) 154 CLR 606 CASES CITED: Postiglione v The Queen (1997) 189 CLR 295 R v Henry (1999) 46 NSWLR 346 R v Christie [2000] NSWCCA 354 DECISION : Extend the time in which the applicant may apply for leave to appeal. Leave to appeal granted. Appeal allowed. Sentence quashed. In lieu thereof the applicant is sentenced to imprisonment for three years commencing on 3 July 2000, with a non-parole period starting that day and ending on 25 March 2002 on which day the applicant is to be released on parole.

IN THE COURT OF CRIMINAL APPEAL

60037/01 ADAMS J SMART AJ

Wednesday, 20 March 2002 REGINA V DAVID DIMITRIOUS SHARPE JUDGMENT

1. SMART AJ: Mr Sharpe seeks an extension of time, and leave to appeal against the severity of a sentence of four years imprisonment with a non-parole period of two years, commencing on 3 July 2000, for the offence of robbery in company imposed by Shadbolt DCJ. The applicant had pleaded guilty.