Sahartor v R [2018] NSWCCA 236

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Sahartor v R [2018] NSWCCA 236 Hearing dates: 3 August 2018 Decision date: 19 October 2018 Before: Basten JA at [1]; R A Hulme J at [24]; Hamill J at [33] Decision: (1) Grant the applicant leave to appeal against his conviction of being armed with a weapon with intent to commit an indictable offence, in contravention of s 114(1)(a) of the Crimes Act on 6 April 2017.

(2) Allow the appeal and quash the conviction and sentence imposed on 7 April 2017.

(3) Enter an acquittal to count 2 on the indictment dated 3 April 2017. Catchwords: CRIME – conviction appeal – applicant convicted of being armed with weapon with intent to commit indictable offence of intimidation – applicant suspected of having attempted a break and enter at the victim's premises – applicant relied on self-defence – whether conviction inconsistent with acquittal for break and enter – whether verdict unreasonable Legislation Cited: Crimes Act 1900 (NSW), ss 33B, 114, 418 Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 7, 13 Cases Cited: Carr v The Queen [2000] TASSC 183; (2000) 117 A Crim R 272 King v The Queen (1986) 161 CLR 423; [1986] HCA 59 R v Mehar [2004] NSWCCA 355 R v RTB [2002] NSWCCA 104 R v Solomon [1980] 1 NSWLR 321 Robinson v R [2006] NSWCCA 192; 162 A Crim R 88 Tran v The Queen (2000) 105 FCR 182 Category: Principal judgment Parties: Michael Sahartor (Appellant) Regina (Respondent) Representation: Counsel: Ms A Francis (Appellant) Ms A Mitchelmore (Respondent)