NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: SHARPE v R [2007] NSWCCA 217
HEARING DATE(S): 22 May 2007 JUDGMENT OF: McClellan CJ at CL at 1; Hislop J at 21; Smart AJ at 22
EX TEMPORE JUDGMENT DATE: 22 May 2007
DECISION: Appeal dismissed
CATCHWORDS: CRIMINAL LAW – sentence appeal – break and enter with intent to commit serious indictable offence – form 1 matters taken into account – applicant on parole at time of offences – finding by trial judge of a more serious offence than as charged – error accepted by the crown – obligation to sentence based on offences pleaded – whether court of appeal should intervene – whether sentence manifestly excessive
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Criminal Appeal Act 1912
R v McNaughton (2006) 163 A Crim R 381 CASES CITED: R v Ponfield (1999) 48 NSWLR 327 The Queen v De Simoni (1981) 147 CLR 383
PARTIES: David Dimitrios Sharpe (Appl) The Crown
FILE NUMBER(S): CCA 2007/773
COUNSEL: C Craigie SC (Appl) D M L Woodburne (Crown)
SOLICITORS: Legal Aid Commission of NSW (Appl) Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/11/1138
LOWER COURT JUDICIAL OFFICER: Sorby DCJ
LOWER COURT DATE OF DECISION: 25 August 2006
IN THE COURT OF CRIMINAL APPEAL 2007/773
McCLELLAN CJ at CL HISLOP J SMART AJ
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