Sharrock v R [2019] NSWDC 850

District Court New South Wales

Medium Neutral Citation: Sharrock v R [2019] NSWDC 850 Hearing dates: 20 December 2019 Date of orders: 20 December 2019 Decision date: 20 December 2019 Jurisdiction: Criminal Before: GRANT DCJ Decision: Appeal allowed. Appellant found not guilty. Charge dismissed. Catchwords: Appeal from Local Court to District Court - unauthorised access- s308 H (1) Crimes Act 1900 Legislation Cited: Crimes Act 1900 Mental Health (Forensics Provisions) Act 1990 Cases Cited: Charara v R [2006] NSW CCA 244

Dyason v Butterworth [2015] NSWCA 52

Fox v Percy [2003] HCA 22; (2003) 214 CLR 118

Salter v DPP (NSW) [2011] NSW CA 190 Category: Procedural and other rulings Parties: Brayden James Sharrock (Offender) Regina (Crown) Representation: Mr Eurell (Appellant) Mr Charleston (Crown) File Number(s): 2018/00271070 Decision under appeal Court or tribunal: Albury Local Court Jurisdiction: Criminal Date of Decision: 2 July 2019 Before: Magistrate R Brender File Number(s): 2018/00271070

JUDGMENT 1. HIS HONOUR: On Tuesday 2 July 2019 the Local Court at Albury found proved that between 2.50pm and 3.10pm on 15 April 2018 at Wagga Wagga the appellant did cause an unauthorised access to restricted data, held in a computer to wit New South Wales Police Web COPS on terminal WAGCWTD6, knowing that the access was unauthorised and intending to cause that access contrary to s 308 H (1) of the Crimes Act 1900. 2. The Magistrate made an order pursuant to s 32 subs 3A of the Mental Health (Forensics Provisions) Act discharging him into the care of Dr Blake to comply with the treatment plan dated 25 March 2019. On the same day the appellant lodged an appeal, appealing the conviction because "I am not guilty."