Small v R [2013] NSWCCA 165

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Small v R [2013] NSWCCA 165 Hearing dates: 21 June 2013 Decision date: 15 July 2013 Before: Emmett JA at [1]; RA Hulme J at [52]; RS Hulme AJ at [53] Decision: The Court orders that: 1. The appeal against conviction be dismissed. 2. The application for leave to appeal against sentence be granted and the appeal be dismissed. Catchwords: CRIMINAL LAW - appeal - conviction - whether jury misdirected by trial judge - whether 'navigate' under s 52B of Crimes Act 1900 includes controlling helm of boat at time of impact

CRIMINAL LAW - appeal - sentence - parity - whether error in imposing same sentence as that imposed on co-offender Legislation Cited: Crimes Act 1900 ss 52A, 52B Cases Cited: Green v Regina [2011] HCA 49; (2011) 244 CLR 462 Elbe Shipping SA v The Ship "Global Peace" [2006] FCA 954; (2006) 154 FCR 439 Frost v Warner [2002] HCA 1; (2002) 209 CLR 509 Texts Cited: Hansard 30 March 1983, pp 5514 - 5515 Hansard 6 December 1995, p 4279 The Hague Rules The Hague-Visby Rules Category: Principal judgment Parties: Percy Small (Appellant) Crown (Respondent) Representation: Counsel: W Terracini SC (Appellant) J Dwyer (Respondent) Solicitors: Michael Bowe Solicitors (Appellant) Director of Public Prosecutions (Respondent) File Number(s): 2009/11021 Decision under appeal Date of Decision: 2010-06-24 00:00:00 Before: Grove J File Number(s): 2009/11021