District Court
New South Wales
Medium Neutral Citation: R v Powers; R v Day [2020] NSWDC 574 Hearing dates: 24 July 2020 Decision date: 24 July 2020 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Maddison Maureen Day - Sentenced to a term of imprisonment of 1 year 10 months. Non parole period of 6 months
Holy Powers - Sentenced to a term of imprisonment of 1 year 1 month 13 days. Non parole period of 3 months 13 days
Catchwords: CRIME - Hinder apprehension person who committed serious offence – murder
SENTENCING – Relevant factors on sentencing – offenders motivated by love and loyalty - didn’t want to dog – assessment of objective seriousness - police warnings ignored - drug use - duress - vulnerability to manipulation – first gaol term - progress toward rehabilitation – quasi custody - strong pro-social supports - intensive correction in the community considered – full time custody required - time served sufficient
Legislation Cited: Crimes Act 1900
Cases Cited: Mobbs v R [2005] NSWCCA 371
R v Derbas [2003] NSWCCA 44
R vKing [2018] NSWSC 643
R v Simpson [2001] NSWCCA 534; 53 NSWLR 704
Tiknius v R (2011) 221A Crim R 365
Category: Sentence Parties: Maddison Maureen Day (the offender)
Holy Powers (the offender)
Director of Public ProsecutionsRepresentation: Counsel:
Solicitors:
Mr S Fraser, Public Defender (for the offender Powers)
Mr C Todd, Crown Prosecutor
Mr P Scmidt, Kells (for the offender Day)
Maguire McInerney (for the offender Powers)
File Number(s): 2019/00211753 (Day); 2019/00170005 (Powers);
SENTENCE – ex tempore revised
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In the early hours of Saturday 18 May 2019 Daniel Merrett died in a serious motor vehicle accident. The circumstances that led to that accident led to Darren Butler being wanted by police for the crime of murder. Butler’s trial is for hearing next year. He has indicated he is not guilty of the charge of manslaughter presently preferred against him. It is important to note two things: first, the two women for sentence today were not involved in the death of Mr Merrett, and secondly no matter how serious their conduct was in hindering the apprehension of the person who was wanted for his association with that death the allegations against Butler are still only that, allegations.
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Holy Powers and Maddison Day each admitted there guilt to a charge they hindered the apprehension of Mr Butler: s 315 (1)(c) Crimes Act 1900; maximum penalty 7 years imprisonment. That maximum is one important guide to the exercise of my sentencing discretion.
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That said, it is of vital importance that where someone is wanted for arrest for a serious crime, and there can be no more serious crime than murder, that the police receive the full co-operation of the public. The police’s job is difficult enough as it is. The criminal justice system operates on trust of the public. Anything which could hinder the apprehension of a person wanted for…
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- AGLC
- R v Powers; R v Day [2020] NSWDC 574
- Case
- [2020] NSWDC 574
- Decision Date
CaseChat Overview and Summary
The legal issues the court had to address were whether the defendants' actions were motivated by love and loyalty and the extent to which this should be taken into account when determining their sentence. The court also had to consider the objective seriousness of the offence, the defendants' drug use, the extent to which they were vulnerable to manipulation, and whether they were amenable to rehabilitation. The court had to weigh these factors against the need to protect the community and to determine whether the defendants should be sentenced to full-time custody or to a lesser sentence such as intensive correction in the community.
The court found that the defendants were motivated by love and loyalty for the person who had committed the serious offence. However, the court also found that the defendants' actions were objectively serious and that they had ignored police warnings to stop their activities. The court noted that the defendants were vulnerable to manipulation and that they had limited progress towards rehabilitation. However, the court also found that the defendants had strong pro-social supports and that they had already served a significant amount of time in custody. The court concluded that full-time custody was required and sentenced the defendants to a term of imprisonment of 1 year 10 months and 1 year 1 month 13 days respectively, with non-parole periods of 6 months and 3 months 13 days.
The court made final orders sentencing Maddison Maureen Day to a term of imprisonment of 1 year 10 months with a non-parole period of 6 months and Holy Powers to a term of imprisonment of 1 year 1 month 13 days with a non-parole period of 3 months 13 days.
Orders
Orders of the court
Maddison Maureen Day - Sentenced to a term of imprisonment of 1 year 10 months. Non parole period of 6 months
Holy Powers - Sentenced to a term of imprisonment of 1 year 1 month 13 days. Non parole period of 3 months 13 days
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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