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R v Grant

R v Grant

Case [2012] NSWSC 1491 7 December 2012

Admissibility of Evidence

Expert Evidence

Contempt of Court

Criminal Law

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Supreme Court

New South Wales

Medium Neutral Citation: R v Deborah Grant [2012] NSWSC 1491
Hearing dates: 27 July; 30 November 2012
Decision date: 07 December 2012
Before: Bellew J
Decision:
1. The offender is convicted of the offence under s. 315(1)(b) of the Crimes Act.
2. The offender is sentenced to a fixed term of imprisonment of 12 months commencing on 7 December 2012 and ending on 6 December 2013.
3. Pursuant to s. 12(1)(a) of the Crimes (Sentencing Procedure) Act 1999 I order that the whole of that sentence be suspended.
4. Pursuant to s. 12(1)(b) of the Crimes (Sentencing Procedure) Act 1999 I order that the offender be released from custody on the condition that she enter into a good behaviour bond for a term of 12 months.
5. The good behaviour bond will be subject to the following conditions:
a) the offender is to report to the Officer in charge of the Probation and Parole Service at Casino by 4pm on Monday 10 December 2012;
b) the offender is to thereafter accept the supervision and guidance of the Probation and Parole Service, and is to obey any reasonable direction of any Officer of that service; and
c) the offender is to attend the Family Support Service in Casino on or before 4pm on Wednesday 12 December 2012 and is to thereafter obey any reasonable direction of that service.
6. I dismiss the charge pursuant to s. 316(1) of the Crimes Act which is annexed to the certificate pursuant to s. 166 of the Criminal Procedure Act 1986 which was tendered before me.

Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Criminal Procedure Act 1986
Cases Cited: R v Edwards (1996) 90 A Crim R 510
R v Elfar [2003] NSWCCA 358
R v El-Zeyat [2002] NSWCCA 138
R v Hamze [2005] NSWSC 136
R v Mobbs [2005] NSWCCA 371
R v Sharrouf [2009] NSWSC 1002
R v Zamagias [2002] NSWCCA 17
R v Bradley [2002] NSWSC 1018
RLS v R [2012] NSWCCA 236
Category: Sentence
Parties:
Regina - Crown
Deborah Grant - Offender
Representation:
Mr P Barnett SC - Crown

Mr N Broadbent - Offender
Director of Public Prosecutions NSW - Crown
Maclean, Curtis and Daly Solicitors - Offender

File Number(s): 2011/3545

Judgment

INTRODUCTION

On 27 July 2012 Deborah Grant ("the offender") was indicted in the following terms:

(i) between 29 October 2010 and 5 January 2011 at Casino in the State of New South Wales, whilst knowing that Mathew Aquilina did murder Adrian Trevett, afterwards did receive, harbour, maintain and assist the said Mathew Aquilina;

(ii) between 29 October 2010 and 5 January 2011 at Casino in the State of New South Wales did assist Mathew Aquilina in the disposal of documentary material of Adrian Trevett with intent to hinder the discovery of evidence into the disappearance and murder of the said Adrian Trevett committed by Mathew Aquilina, Karen Dawson and David Comber.

The second count in the indictment, to which the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Grant

Details

AGLC: R v Grant [2012] NSWSC 1491
Case: [2012] NSWSC 1491
Decision Date: 07 December 2012

CaseChat Overview and Summary

Deborah Grant was convicted of hindering the investigation into a serious indictable offence under section 315(1)(b) of the Crimes Act 1900 (NSW). The legal issues for the court to determine were the nature and objective seriousness of the offence, the subjective circumstances of the offender, and the appropriate sentence to impose. The court found that the offence was towards the lower end of the spectrum in terms of seriousness, despite the gravity of the underlying murder. The offender's actions, though serious, were not premeditated and she did not personally hide any evidence. The court accepted the offender's plea of guilty and her expressed remorse, as well as the mitigating factors of her young children and lack of a significant criminal history. The court imposed a sentence of 12 months imprisonment, to be suspended, and ordered the offender to enter a 12 month good behaviour bond with conditions of reporting to probation and parole and attending family support services. The sentence aimed to achieve general deterrence while taking into account the offender's circumstances and the need to protect the integrity of the justice system.

Orders