R v Ryan

[2020] NSWDC 406

District Court

New South Wales

Medium Neutral Citation:

R v Ryan [2020] NSWDC 406

Hearing dates:

3 June 2020

Decision date:

03 June 2020

Jurisdiction:

Criminal

Before:

Haesler SC DCJ

Decision:

Sentenced to a term of imprisonment of 1 year 6 months. Non parole period of 9 months.

Catchwords:

CRIME: Hinder apprehension – offence of short duration.

SENTENCE - Relevant factors on sentence - loyalty to a mate - on parole – early guilty plea - institutionalised offender.

Legislation Cited:

Crimes Act 1900

Crimes (Sentence Administration) Act 1999

Cases Cited:

Callaghan v R [2006] NSWCA 58

Sampson v R [2014] NSWCCA 19

Category:

Sentence

Parties:

Matthew James Ryan (the offender)
Director of Public Prosecutions

Representation:

Counsel:
Mr T Anderson (for the offender)
Mr D Scully, Deputy Senior Crown Prosecutor

Solicitors:
Blair Criminal Lawyers (for the offender)
Director of Public Prosecutions

File Number(s):

2019/00170047

SENTENCE – ex tempore revised

1. Matthew James Ryan is for sentence today for a serious offence; hinder the apprehension of a person who committed a serious indictable offence. It carries a maximum penalty of seven years imprisonment: s 315(1)(c) Crimes Act 1900.

2. He committed this offence out of loyalty to a friend. He thought loyalty was more important than obeying the law; the law that binds us together as a community. He committed the offence in breach of promises he made in order to secure his release to parole. Promises to be of good behaviour and not commit further criminal offences. Promises made to; the State Parole Authority, me as a sentencing judge, his family and I suspect himself.

3. He has been in custody in relation to this offence since 30 May 2019. He served the balance of parole of a sentence I imposed on him until February of this year. He is still in custody.

4. He entered a plea of guilty in the Local Court. The utilitarian value of that plea requires the otherwise appropriate sentence I fix be reduced by 25%. The plea of guilty is also a practical expression of remorse, contrition and/or acceptance of responsibility. It is hard in all the circumstances to determine into exactly what category it falls.

5. Any sentencing exercise must start with the facts of what occurred. There are agreed facts before the Court. The agreed facts in relation to the element of the offence “person who committed a serious indictable offence” relate to allegations against a man, Butler, who is still before the courts and as I understand will be pleading not guilty to the charge, as presently preferred.

6. In the early hours of Saturday 18 May 2019 Daniel Merrett died in a serious and significant motor vehicle accident when the car in which he was a passenger collided with a petrol tanker. The circumstances leading up to the collision involve allegations that the car was being chased by a vehicle driven by Butler. Butler did not stop following the collision that resulted in Mr Merrett’s tragic death. Rather, it is alleged he fled the scene.

7. At…