R v Sharp

Case [2019] ACTCA 7


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

R v Sharp

Citation:

[2019] ACTCA 7

Hearing Date:

15 February 2019

DecisionDate:

15 February 2019

ReasonsDate:

8 April 2019

Before:

Murrell CJ, Mossop and Charlesworth JJ

Decision:

Appeal allowed; offender resentenced. See [6].

Catchwords:

APPEAL – CRIMINAL LAW – Crown appeal against sentence – unlawful confinement – whether sentence manifestly inadequate – no appeal from appeals imposed on two co-offenders – further co-offender resentenced on appeal – whether interference with the appellant’s sentence would create unjustified parity between sentences imposed on co-offenders – appeal allowed – appellant resentenced

Legislation Cited:

Crimes Act 1900 (ACT) ss 32, 34

Crimes (Sentencing) Act 2005 (ACT) s 33

Supreme Court Act 1933 (ACT) s 37E

Cases Cited:

Dinsdale v The Queen [2000] HCA 54; 202 CLR 321

Green v The Queen [2011] HCA 49; 244 CLR 462
Le Clair v The Queen [2017] ACTCA 19
Markarian v The Queen [2005] HCA 25; 228 CLR 357
Ndlovu v The Queen [2018] ACTCA 33
R v Avery [2018] ACTCA 57
R v Avery [2018] ACTSC 64
R v Barlow [2017] ACTSC 90
R v Clarke [1996] VSC 30; 2 VR 520
R v Froome [2018] ACTSC 152
R v KB [2017] ACTSC 344
R v Le Clair [2016] ACTSC 126
R v Lee [2017] ACTCA 30
R v Musolino [2018] ACTSC 3
R v Ndlovu [2017] ACTSC 244
R v Sharp [2018] ACTSC 286
R v Speechley [2012] NSWCCA 130; 221 A Crim R 175
R v TW [2011] ACTCA 25; 6 ACTLR 18

Singh v The Queen [2015] ACTCA 65

Parties:

The Queen (Appellant)

Cameron Sharp (Respondent)

Representation:

Counsel

Mr Williams (Appellant)

Mr Doil (Respondent)

Solicitors

Director of Public Prosecutions (ACT) (Appellant)

Ben Aulich and Associates (Respondent)

File Number:

ACTCA 59 of 2018

Decision under appeal: 

Court/Tribunal:             ACT Supreme Court

Before:  Loukas-Karlsson J

Date of Decision:         17 October 2018

Case Title:  R v Sharp

Citation: [2018] ACTSC 286

THE COURT

Introduction

  1. The respondent, Mr Cameron Sharp, pleaded guilty to two offences committed on and around 8 April 2017.  Together with four co-offenders, Mr Sharp duct taped Mr Andrew Peisley (the victim) to a chair.  They threatened, assaulted and interrogated him over a period of about three hours.

  1. On 17 October 2018, Mr Sharp was sentenced to 15 months imprisonment, comprised of the following individual head sentences, cumulative as to one month:

(a)for an offence of unlawful confinement in contravention of s 34 of the Crimes Act 1900 (ACT) (Crimes Act) (charge CC2017/4977), 14 months imprisonment, commencing on 9 May 2018 and ending on 8 July 2019;

(b)for an offence of making a demand accompanied by a threat in contravention of s 32(2)(a) of the Crimes Act (charge XO2017/31239), 14 months imprisonment commencing on 9 June 2018 and ending on 8 August 2019. 

  1. The sentencing judge fixed a non-parole period of 10 months, being 66 percent of the head sentence.

  1. The Crown appealed…

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AGLC
R v Sharp [2019] ACTCA 7
Case
[2019] ACTCA 7
Decision Date

CaseChat Overview and Summary

The Crown appealed against the sentence imposed on the respondent, R Sharp, for the offence of unlawful confinement. The appeal concerned whether the original sentence was manifestly inadequate. The court noted that appeals against sentence had been imposed on two co-offenders, and a further co-offender had been resentenced on appeal. The central question for the court was whether interfering with Sharp's sentence would create unjustified parity between the sentences imposed on the co-offenders.

The court was required to determine whether the original sentence imposed on the respondent was demonstrably inadequate, considering the circumstances of the offence and the sentences imposed on co-offenders. It also had to consider the principle of parity in sentencing and whether any disparity between the respondent's sentence and those of his co-offenders was justified.

The court allowed the Crown's appeal, finding that the original sentence was manifestly inadequate. In its reasoning, the court applied the principles of sentencing for unlawful confinement, taking into account the gravity of the offence and the need for deterrence. Crucially, the court considered the sentences imposed on the respondent's co-offenders and determined that the disparity between those sentences and the respondent's original sentence was unjustified. The court then resentenced the appellant.

Orders

Orders of the court

Appeal allowed; offender resentenced. See [6].

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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