JG v The Queen

[2015] NSWDC 376

District Court

New South Wales

Medium Neutral Citation:	JG v R [2015] NSWDC 376
Hearing dates:	18 November 2015
Date of orders:	18 November 2015
Decision date:	18 November 2015
Jurisdiction:	Criminal
Before:	Neilson DCJ
Decision:	Conviction recorded and sentence passed by Motley LCM sitting in the Downing Centre Local Court on 2 October 2015 set aside  Appellant released on a good behaviour bond for a period of 12 months
Catchwords:	CRIMINAL LAW – Severity appeal – Knowingly make false statement causing investigation – Representation that appellant’s ex-boyfriend had assaulted her – History of psychological and physical abuse as a child – Appellant breaking an “inter-generational cycle of violence and dysfunction” - Aspirations to pursue career as a Corrective Services Officer or teacher – Section 10 discharge on good behaviour bond
Legislation Cited:	Crimes (Sentencing Procedure) Act 1999
Category:	Principal judgment
Parties:	JG (Appellant) Crown (Respondent)
Representation:	JG (In person)(Appellant) Solicitor for the Director of Public Prosecutions (NSW) (Respondent)
File Number(s):	2015/220985
Publication restriction:	Appellant’s name anonymised
Decision under appeal	Court or tribunal: Downing Centre Local Court Jurisdiction: Crime Date of Decision: 18 September 2015 Before: Mottley DCM File Number(s): 2015/220985

Judgment

1. HIS HONOUR: This is an appeal against the severity of sentence passed by Deputy Chief Magistrate Mottley sitting in the Downing Centre Local Court on 18 September 2015.

2. The appellant pleaded guilty to a charge that on 26 July 2015 at Balmain she did by means of a statement, knowingly make to a member of the Police Force, a false representation that an act had been done, namely a common assault, which act was so represented in her statement that it called for an investigation by a member of the Police Force. Although certain things have been said by the appellant today I must deal with her on the basis that she pleaded guilty to that charge, and that she stands to be sentenced on that basis. The appellant made a representation that her ex-boyfriend had assaulted her and, by her plea, she acknowledged that that was not true.

3. The appellant is currently 27 years old. At the time of the offence she was 26. She is a single mother. She came before the Local Court as a young lady of prior good character. She has been under the care of Dr Roger Dunphy, a clinical psychologist, since December 2010. According to Dr Dunphy the appellant has a complex history involving family child sexual abuse, psychological and physical abuse, and poor parenting. She has struggled with anxiety, depression and self-harm. She has been noted by Dr Dunphy to have extremely poor self-esteem and low self-worth. Dr Dunphy believed that may have been a factor in her history of partners who have perpetrated acts of violence against her. Despite the appellant’s disadvantaged background she has successfully avoided alcohol and drug addiction, as well as being of good character. Dr Dunphy believes that the appellant is breaking what he described as an “inter-generational cycle of violence and dysfunction”.

4. She cares for her children. She has been working as a volunteer teacher’s aide and has career aspirations in that area, and she also told me that she has an alternative career aspiration to be a Corrective Services Officer. Her having a criminal record might interfere with her obtaining a career as a Corrective Services Officer or as a teacher.

5. Reference from a friend of four years standing tells me that the appellant has been involved in volunteering with classroom reading and art projects, and has been a reliable support for that friend’s children, as well as the children of others. The appellant also assists her sister with her children, and she also assists her disabled brother.

6. Despite a disadvantaged background she has contributed to our society and has aspirations which need to be acknowledged and supported. I therefore believe it is in the best interests of the appellant and community that the Court deal with the appellant, because of her prior good character, under s 10. However in view of what I have heard today I believe it appropriate that the length of the s 10 bond be 12 months.

7. For those reasons I set aside the conviction recorded and sentence passed by Magistrate Mottley sitting in the Downing Centre Local Court on 2 October 2015.

8. [JG], under s 10 of the Crimes (Sentencing Procedure) Act 1990 without proceeding to a conviction but having regard to your prior good character I am satisfied that it is expedient to release you on a good behaviour bond. I order that you be released on a good behaviour bond for a period of 12 months from today. The conditions of the bond are as follows:

1. you appear before the Court if called upon to do so at any time during the term of the bond;

2. you are to be of good behaviour;

3. you at to reside at [NFP];

4. you are to advise the Registrar of the Court by pre-paid registered post of any change of residential address during the term of the bond.

9. APPELLANT: Thank you so much, your Honour.

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Decision last updated: 01 March 2016