Pound v R [2015] NSWCCA 54

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Pound v R [2015] NSWCCA 54 Hearing dates: 27 March 2015 Date of orders: 02 April 2015 Decision date: 02 April 2015 Before: R A Hulme J at [1] Davies J at [2] Bellew J at [65] Decision: (1) Leave to appeal granted. (2) Allow the appeal. (3) Quash the sentences imposed in the District Court. (4) Sentence the appellant as follows: (a) Count 2 – a fixed term of imprisonment of 3 years and 6 months commencing 26 October 2012 and expiring 25 April 2016; (b) Count 1 and taking into account the matter on the Form 1 – a non-parole period of 4 years commencing 26 October 2012 and expiring 25 October 2016 with an additional term of 2 years expiring 25 October 2018. Catchwords: CRIMINAL LAW – sentencing – recklessly cause grievous bodily harm – carry firearm with disregard to safety – victim accidentally shot when applicant skylarking with firearm – applicant had put bullet in firearm days earlier and forgotten he had done so – high degree of recklessness found – whether finding was open to sentencing judge - whether offence of carry firearm with disregard for safety wholly comprehended within offence of recklessly cause grievous bodily harm – whether accumulation appropriate – whether sentences manifestly excessive Legislation Cited: Criminal Appeal Act 1912 (NSW) Cases Cited: Cahyadi v R [2007] NSWCCA 1; (2007) 168 A Crim R 41 House v The King (1936) 55 CLR 499 Johnson v The Queen [2004] HCA 15; (2004) 78 ALJR 616 Kentwell v The Queen [2014] HCA 37; (2014) 88 ALJR 947 Mulato v R [2006] NSWCCA 282 Pearce v The Queen (1998) 194 CLR 610 Piscitelli v R [2013] NSWCCA 8 R v Hammoud [2000] NSWCCA 540; (2000) 118 A Crim R 66 SZ v R [2007] NSWCAA 19; (2007) 168 A Crim R 249 Category: Principal judgment Parties: Andrew John Pound (Applicant) Crown (Respondent) Representation: Counsel: C Smith (Applicant) N Adams (Respondent)