Brasher v Tasmania

[2015] TASCCA 16

[2015] TASCCA 16

COURT:        SUPREME COURT OF TASMANIA (COURT OF CRIMINAL APPEAL)

CITATION:                 Brasher v Tasmania [2015] TASCCA 16

PARTIES:  BRASHER, Cameron James
  v
  STATE OF TASMANIA

FILE NO:  CCA 981/2014
DELIVERED ON:  27 August 2015
DELIVERED AT:  Hobart
HEARING DATE:  5 June 2015
JUDGMENT OF:  Blow CJ, Wood and Estcourt JJ

CATCHWORDS:

Criminal Law – Appeal and new trial – Appeal against sentence – Grounds for interference – Sentence manifestly excessive or inadequate – Charges of aggravated assault, recklessly discharging firearm and unlawfully injuring property – Sentence of 7 years' imprisonment with 4½ years' parole ineligibility – Whether sentence manifestly excessive – Shooting at police officers.

Aust Dig Criminal Law [3521]

REPRESENTATION:

Counsel:
             Appellant:  A R Hensley
             Respondent:  D G Coates SC
Solicitors:
             Appellant:  Legal Aid Commission of Tasmania
             Respondent:  Acting Director of Public Prosecutions

Judgment Number:  [2015] TASCCA 16
Number of paragraphs:  46

Serial No 16/2015

File No CCA 981/2014

CAMERON JAMES BRASHER v STATE OF TASMANIA

REASONS FOR JUDGMENT  COURT OF CRIMINAL APPEAL

BLOW CJ
WOOD J
ESTCOURT J (Dissenting)
27 August 2015

Order of the Court

Appeal dismissed.

Serial No 16/2015

File No CCA 981/2014

CAMERON JAMES BRASHER v STATE OF TASMANIA

REASONS FOR JUDGMENT  COURT OF CRIMINAL APPEAL

BLOW CJ
27 August 2015

1. On the morning of 25 February 2014, at two locations near Poatina, the appellant, Cameron Brasher, fired shots towards police officers.  In relation to those events, on three counts of aggravated assault and a number of other charges, he was sentenced by Pearce J to 7 years' imprisonment, with a parole ineligibility period of 4½ years.  This is an appeal from that sentence.  The appellant contends that it was manifestly excessive.

2. The appellant pleaded guilty to five charges on an indictment, the details of which are as follows:

   ·     Recklessly discharging a firearm, by firing a shotgun from inside a car without due regard for the safety of the appellant's companion, Tereza Loone, who was a passenger in the car. (Count 1.)

   ·     Aggravated assault, committed by pointing his shotgun at Constable Ayers and firing it twice, when Constable Ayers was in the driver's seat of a police car.  (Count 2.)  Count 1 relates to the firing of the first of those shots.  Constable Ayers was alone in the first police vehicle to catch up with the appellant when he crashed his rented car after a 35Km chase.

   ·     Aggravated assault, committed by pointing his shotgun at Inspector McCreadie and Senior Sergeant Bray and firing it towards them, when they were sitting in the front seat of another police vehicle at the same place.  The appellant had alighted from his vehicle.  (Count 3.)

   ·     Aggravated assault, committed by subsequently pointing and firing his shotgun at Inspector McCreadie and Senior Sergeant Bray, who were still in the same vehicle. (Count 4.)

   ·     Unlawfully injuring property, committed by damaging his rented vehicle.  After driving over road spikes, the appellant drove the vehicle about 33Km with two…