R v Sharp
[2019] ACTSC 360
•17 April 2019
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Sharp |
Citation: | [2019] ACTSC 360 |
Hearing Date: | 17 April 2019 |
DecisionDate: | 17 April 2019 |
Before: | Burns J |
Decision: | See [8]-[10] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Judgment and Punishment – Sentence – threatening or intimidating a witness – plea of guilty – aggravating circumstance that the victim was a police officer acting in the course of his duties – serious example of this type of offending |
Legislation Cited: | Crimes Act 1914 (Cth) s 36A |
Parties: | The Queen (Crown) Cameron Owen Sharp (Offender) |
Representation: | Counsel M Fernandez (Crown) J Sabharwal (Offender) |
| Solicitors ACT Director of Public Prosecutions (Crown) Boxall Legal (Offender) | |
File Number: | SCC 7 of 2019 |
BURNS J
Cameron Sharp, you have entered a plea of guilty in the ACT Magistrates Court to one offence of threatening or intimidating a witness in a judicial proceeding, contrary to s 36A of the Crimes Act 1914 (Cth). The maximum penalty for that offence is five years' imprisonment.
The facts
The brief facts are that you were arrested by First Constable Bradley Stapleton on 8 May 2018 with respect to an offence of aggravated burglary.
Later that day, you were escorted to a courtroom in the ACT Magistrates Court. During the course of the proceedings in the ACT Magistrates Court, you made a gesture with your right middle finger in the direction of First Constable Stapleton. You then made a gesture simulating a firearm towards First Constable Stapleton. At the time that you committed this offence, you were on a 12 month Good Behaviour Order for contravening a Protection Order.
Consideration
You have a criminal history involving convictions for offences of common assault in August 2017. At the same time, you have a conviction for the offence of contravening a Protection Order, upon which you were sentenced to a term of imprisonment which was suspended after a certain period of time with a Good Behaviour Order.
You have subsequently pleaded guilty to the offence of aggravated burglary and you have also been sentenced with respect to that matter. You are currently serving an aggregate term of imprisonment which commenced on 9 May 2018 and which is due to expire on 8 March 2023. There is currently a non-parole period commencing on 9 May 2018 and which is due to expire on 8 January 2021.
With respect to the present offence, it is an aggravating circumstance that the victim was a police officer who was acting in the course of his duties. It is a further aggravating circumstance that the offence occurred in a courtroom. I take into account, however, that your actions were spontaneous and were not the subject of any significant premeditation. I also take into account that as a person who was in custody at that time, there was no prospect of you carrying out any threat which may have been perceived by the victim.
Nevertheless, it is a serious example of this type of offending and calls for a term of imprisonment, albeit I am satisfied not a particularly lengthy one.
Sentence
You entered your plea of guilty in the ACT Magistrates Court, but it was not entered at the earliest opportunity. You originally entered a plea of not guilty to the charge but subsequently, as I have indicated, entered a plea of guilty and you were committed for sentence to this Court. But for your plea of guilty, I would have imposed a sentence of five months' imprisonment, but I will reduce that to four months in order to reflect your plea of guilty.
I record a conviction with respect to the offence of threatening or intimidating a witness (CC18/10139) and you will be sentenced to four months' imprisonment, which will commence on 9 September 2022 and will expire on 8 January 2023.
I must, therefore, reset the non-parole period and I will reset that to commence on 9 May 2018 and expire on 8 March 2021.
| I certify that the preceding ten [10] numbered paragraphs are a true copy of the Reasons for Sentence of his Honour Justice Burns. Associate: Date: |
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