SHARPE v R [2007] NSWCCA 217

SHARPE v R [2007] NSWCCA 217

Although the sentencing judge erred by treating the offence as committed in company when imposing sentence for an offence under s 113(1) of the Crimes Act 1900, the applicant's extensive criminal history, offending while on parole, multiplicity of offending including Form 1 matters, and the need for general and specific deterrence meant that the sentence, while stern, was not manifestly excessive and did not require appellate intervention.

Jurisdiction
Australia
Judgment Date
22 May 2007
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['break and Enter With Intent to Commit Serious Indictable Offence' 'form 1 Matters' 'parole and Conditional Liberty' 'de Simoni Principle' 'manifest Excess']
['criminal Law' 'sentencing'] ['break and Enter With Intent to Commit Serious Indictable Offence' 'form 1 Matters' 'parole and Conditional Liberty' 'de Simoni Principle' 'manifest Excess']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge erred by treating the offence as committed in company as an aggravating factor when the applicant pleaded guilty to an offence under s 113(1) of the Crimes Act 1900 rather than the aggravated offence under s 113(2).' 'Whether, notwithstanding the accepted error, the Court should intervene under s 6(3) Criminal Appeal Act 1912.' 'Whether the sentence imposed was manifestly excessive.']

Ratio Decidendi

Although the sentencing judge erred by treating the offence as committed in company when imposing sentence for an offence under s 113(1) of the Crimes Act 1900, the applicant's extensive criminal history, offending while on parole, multiplicity of offending including Form 1 matters, and the need for general and specific deterrence meant that the sentence, while stern, was not manifestly excessive and did not require appellate intervention.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']