Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Sahartor v R [2018] NSWCCA 236 Hearing dates: 3 August 2018 Decision date: 19 October 2018 Before: Basten JA at [1];
R A Hulme J at [24];
Hamill J at [33]Decision: (1) Grant the applicant leave to appeal against his conviction of being armed with a weapon with intent to commit an indictable offence, in contravention of s 114(1)(a) of the Crimes Act on 6 April 2017.
(2) Allow the appeal and quash the conviction and sentence imposed on 7 April 2017.
(3) Enter an acquittal to count 2 on the indictment dated 3 April 2017.Catchwords: CRIME – conviction appeal – applicant convicted of being armed with weapon with intent to commit indictable offence of intimidation – applicant suspected of having attempted a break and enter at the victim’s premises – applicant relied on self-defence – whether conviction inconsistent with acquittal for break and enter – whether verdict unreasonable Legislation Cited: Crimes Act 1900 (NSW), ss 33B, 114, 418
Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 7, 13Cases Cited: Carr v The Queen [2000] TASSC 183; (2000) 117 A Crim R 272
King v The Queen (1986) 161 CLR 423; [1986] HCA 59
R v Mehar [2004] NSWCCA 355
R v RTB [2002] NSWCCA 104
R v Solomon [1980] 1 NSWLR 321
Robinson v R [2006] NSWCCA 192; 162 A Crim R 88
Tran v The Queen (2000) 105 FCR 182Category: Principal judgment Parties: Michael Sahartor (Appellant)
Regina (Respondent)Representation: Counsel:
Solicitors:
Ms A Francis (Appellant)
Ms A Mitchelmore (Respondent)
Bannisters Lawyers (Appellant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2016/73178 Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Date of Decision:
- 7 April 2017
- Before:
- Craigie DCJ
- File Number(s):
- 2016/73178
Judgment
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BASTEN JA: On 6 April 2017 the applicant, Michael Sahartor, was found guilty by a jury of one count of being armed with a weapon with intent to commit an indictable offence, in contravention of s 114(1)(a) of the Crimes Act 1900 (NSW). There had been a brief trial. On the following day, 7 April 2017, the trial judge, Craigie DCJ, convicted the applicant and sentenced him to a non-parole period of 13 months commencing on 8 March 2016 and expiring on 7 April 2017. The balance of the sentence (five months) expired on 7 September 2017.
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By the time a notice of application for leave to appeal was filed on 1 May 2018 the sentence had expired. However, the applicant then remained in custody on an unrelated matter with respect to which he had sought leave to appeal. That appeal is not presently before the Court, but it is likely that, were he to succeed on his present application, the commencement date of any subsequent sentence might be affected.
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The notice of appeal filed on 1 May contained two grounds challenging the conviction, one relating to a direction as to self-defence,…
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- AGLC
- Sahartor v The Queen [2018] NSWCCA 236
- Case
- [2018] NSWCCA 236
- Decision Date
CaseChat Overview and Summary
The court found that the conviction for armed intimidation was not inconsistent with the acquittal for the attempted break and enter. The court noted that Sahartor's presence at the scene with a weapon, despite his acquittal for the attempted break and enter, could still support a conviction for the intimidation charge. Furthermore, the court found that the jury's verdict was not unreasonable. The evidence presented, including the applicant's actions and statements, supported the conclusion that Sahartor had the intent to intimidate the victim with the weapon. The court held that the jury was entitled to reject Sahartor's self-defence claim and find him guilty as charged.
The appeal was dismissed. The court upheld the conviction for being armed with a weapon with intent to commit the offence of intimidation. The jury's verdict was found to be reasonable and supported by the evidence. The court did not find any error in the trial process that would warrant overturning the conviction.
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Background
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Evidence
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Decision
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