Wykamp v R [2012] NSWCCA 145

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Wykamp v R [2012] NSWCCA 145 Hearing dates: 22 June 2012 Decision date: 04 July 2012 Before: McClellan CJ at CL at [1] Price J at [2] Button J at [3] Decision: (1) Leave to appeal granted. (2) Appeal dismissed. Catchwords: CRIMINAL LAW - appeal against sentence - threatening to injure officer with intent to hinder lawful detention in company - full time custodial sentence not manifestly excessive - no error in finding lack of remorse and contrition Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: R v Hamilton (1993) 66 A Crim R 575 R v Sainsbury [2000] NSWCCA 496 R v William John Murray [2008] NSWDC 285 Category: Principal judgment Parties: Peter Andrew John Wykamp (applicant) Regina (respondent) Representation: Counsel: D Murray (applicant) J Pickering (respondent) Solicitors: Boulevarde Lawyers (applicant) Solicitor for Public Prosecutions File Number(s): 2010/431004 Decision under appeal Jurisdiction: 9101 Date of Decision: 2011-09-06 00:00:00 Before: Neilson DCJ File Number(s): 2010/431004

Judgment 1McClellan CJ at CL: I agree with Button J. 2Price J: I agree with Button J. 3Button J:

Introduction 4On 6 September 2011 in the District Court at Orange, Judge Neilson convicted Peter Andrew John Wykamp ("the applicant"), pursuant to a plea of guilty, of one count of threatening to injure Constable Miles Burden with intent to hinder the lawful detention of Mitchell Wykamp while in company. The charge was brought pursuant to s 33B(2) of the Crimes Act 1900. It attracted a maximum penalty of imprisonment for 15 years. There was no applicable standard non-parole period. Immediately thereafter, his Honour sentenced the applicant to a total term of imprisonment for 18 months, with a non-parole period of imprisonment for 12 months. It can be seen that a slight adjustment was made to the length of the non-parole period on the basis of a finding of special circumstances; if that had not occurred, the non-parole period would have been 13 months and 2 weeks. The applicant seeks leave to appeal against that sentence to this Court.