Sharpe v R [2006] NSWCCA 255

New South Wales Court of Criminal Appeal

CITATION: Sharpe v R [2006] NSWCCA 255

HEARING DATE(S): 9 June 2006

JUDGMENT DATE: 23 August 2006

JUDGMENT OF: McClellan CJ at CL at 1; Johnson J at 2; Latham J at 76

DECISION: 1. Appeal against conviction dismissed; 2. Leave to appeal against sentence allowed, but appeal dismissed.

CATCHWORDS: CRIMINAL LAW - appeal against conviction - aggravated use of offensive weapon to prevent lawful apprehension contrary to s.33B(2) Crimes Act 1900 - whether verdict cannot be supported having regard to evidence - appeal against conviction dismissed - application for leave to appeal against sentence - whether use of offensive weapon erroneously taken into account as aggravating factor under s.21A(2)(c) Crimes (Sentencing Procedure) Act 1999 - whether prior criminal record erroneously taken into account as aggravating factor under s.21A(2)(d) - whether there was failure to make due allowance for assistance to authorities - whether there was failure to take account of extra curial punishment (gun shot wound to the leg sustained during commission of offence) - significance of general deterrence in sentencing for s.33B offence - sentence appeal dismissed

Crimes Act 1900 LEGISLATION CITED: Criminal Appeal Act 1912 Crimes (Sentencing Procedure) Act 1999

R v Merritt and Roso (1985) 19 A Crim R 360 R v Kyriakou (1987) 29 A Crim R 50 R v O'Donoghue (1988) 34 A Crim R 397 M v The Queen (1994) 181 CLR 487 MFA v The Queen (2002) 213 CLR 606 Seymour v R [2006] NSWCCA 206 R v Chahine [2006] NSWCCA 99 Pearce v The Queen (1998) 194 CLR 610 R v McNaughton [2006] NSWCCA 242 Veen v The Queen (No. 2) (1988) 164 CLR 465 CASES CITED: R v Allpass (1993) 72 A Crim R 561 R v Daetz and Wilson (2003) 139 A Crim R 398 Sharwood v R [2006] NSWCCA 157 R v Cunningham [2006] NSWCCA 176 R v Webb [2004] NSWCCA 330 R v Azar [2004] NSWSC 797 R v Qutami (2001) 127A Crim R 369 R v Palu (2002) 134 A Crim R 174 R v Hamilton (1993) 66 A Crim R 575 R v Barton (2001) 121 A Crim R 185 R v Perez (NSWCCA, Gleeson CJ, Kirby P and Campbell J, 11 December 1991, BC9101351)