Nadarasa v R; Satkunarasa v R; Sivapathasunram v R [2018] NSWCCA 29

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Nadarasa v R; Satkunarasa v R; Sivapathasunram v R [2018] NSWCCA 29 Hearing dates: On the papers Decision date: 07 March 2018 Before: Meagher JA; R A Hulme J; Beech-Jones J Decision: In respect of Kohilan Satkunarasa and Sathees Sivapathasunram: 1. Extend time for filing Notices of Application for Leave to Appeal against Conviction until 25 October 2017. In respect of each of the applicants: 2. Leave to appeal against conviction granted. 3. Appeal allowed. 4. The verdicts of guilty on Count 3 and the sentences imposed on 24 February 2017 are set aside. In lieu thereof, substitute verdicts of guilty of an offence under s 33B(2) of the Crimes Act 1900 (NSW) of using an offensive weapon with intent to commit an indictable offence, namely assault, whilst in company. 5. Each of the three appellants are convicted but no penalty is imposed pursuant to s 10A(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW). Catchwords: CRIMINAL LAW – conviction appeal – wounding with intent to cause grievous bodily harm – where appellants also charged in the alternative with using an offensive weapon with intent to commit an indictable offence – where two co-accused successfully appealed against convictions for wounding offence and verdicts substituted for alternative offence – same evidence at trial relating to three appellants – Crown concedes outcome of appeal should be same as for two co-accused – appeal allowed – conviction quashed and verdict for alternative offence entered – sentence imposed at first instance taken to have been fully served - conviction recorded without any other penalty Legislation Cited: Crimes Act 1900 (NSW) ss 33(1), 33B(2) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 9, 10A(1) Criminal Appeal Act 1912 (NSW) s 7(2) Cases Cited: Sivaraja v R; Sivathas v R [2017] NSWCCA 236 Category: Principal judgment Parties: Krishnakumar Nadarasa (Applicant) Kohilan Satkunarasa (Applicant) Sathees Sivapathasunram (Applicant) Regina Representation: Counsel: Mr G Jauncey (Applicants) Ms S Dowling SC (Crown)