Sheen v R [2011] NSWCCA 259

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Sheen v R [2011] NSWCCA 259 Hearing dates: 11 May 2011 Decision date: 09 December 2011 Before: Johnson J at 1 Hall J at 180 Price J at 181 Decision: 1. Appeal against conviction dismissed. 2. Leave is granted to appeal against sentence and allow the sentence appeal in part. 3. The sentence imposed for the offence of break, enter and steal on 19 August 2008, being a sentence of imprisonment comprising a non-parole period of three years to commence on 1 September 2008 and to expire on 31 August 2011, with a balance of term of one year to expire on 30 August 2012 is confirmed. 4. The sentence imposed on the fourth count, the offence of specially aggravated break, enter and commit serious indictable offence on 29 August 2008 is quashed and, in its place, the Appellant is sentenced to imprisonment for a non-parole period of five years and three months commencing on 1 September 2009 and expiring on 30 November 2014 with a balance of term of one year and nine months commencing on 1 December 2014 and expiring on 31 August 2016. 5. The earliest date upon which the Appellant will be eligible for release on parole is 30 November 2014. Catchwords: CRIMINAL LAW - conviction appeal - convicted at trial of break, enter and steal and specially aggravated break, enter and commit serious indictable offence - whether trial Judge erred in leaving without notice to parties statutory alternative verdict under s.115A(1) Crimes Act 1900 - no practical injustice to Appellant - no miscarriage of justice - whether verdicts inconsistent - whether verdicts of guilty unreasonable - verdicts not inconsistent - verdicts of guilty not unreasonable - conviction appeal dismissed