Supreme Court
New South Wales
Medium Neutral Citation: R v Kristine Weston [2012] NSWSC 1498 Hearing dates: 10 August 2012; 29 November 2012 Decision date: 07 December 2012 Before: Bellew J Decision: 1. The offender is convicted of the offence under s315(1)(b) of the Crimes Act 1900.
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 s12(1)(a) of the Crimes (Sentencing Procedure) Act I order that the whole of that sentence be suspended.
4. Pursuant to s. 12(1)(b) of the Crimes (Sentencing Procedure) Act I order that the offender be released from custody on the condition that she enter into a bond to be of good behaviour for a period of 12 months.
5. The good behaviour bond will be subject to the following conditions:
(i) the offender is to report to the Officer in Charge of the Probation and Parole service at Casino by 4.00 pm on Monday 10 December 2012;
(ii) the offender is to thereafter accept, for the duration of the bond, the supervision and guidance of the Probation and Parole Service, and is to obey any reasonable direction of any officer of that service.
(iii) the offender is to continue treatment by her General Practitioner, Dr Aldo Castanga, and is to obey any reasonable direction of Dr Castanga with respect to such treatment.
6. I dismiss the charge under s316 of the Crimes Act 1900 contained in the certificate issued under s166 of the Criminal Procedure Act 1986 which was tendered before me.
Catchwords: CRIMINAL LAW - sentence - providing false information with intent to hinder the apprehension of an accused person wanted by the police for murder - objective seriousness of offence - where offending on the spur of the moment and over a short period of time - whether offender's mental state rendered her an inappropriate vehicle for general deterrence - need to maintain integrity of the administration of justice - custodial sentence appropriate - whether sentence should be suspended Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Criminal Procedure Act 1986Cases Cited: Aoun v R [2007] NSWCCA 292
R v Derbas [2003] NSWCCA 44
R v Edwards (1996) 90 A Crim R 510
R v Elfar [2003] NSWCCA 358
R v El-Zeyat [2002] NSWCCA 138
R v Mobbs [2005] NSWCCA 371
R v Palmer [2005] NSWCCA 349
R v Qutami [2001] NSWCCA 353
R v Sharrouf [2009] NSWSC 1002
R v Zamagias [2002] NSWCCA 17Category: Sentence Parties: Regina - Crown
Kristine Weston - OffenderRepresentation: Mr P Barnett SC - Crown
Mr G Kennedy - Offender
Rice More and Gibson Solicitors - Offender
Director of Public Prosecutions NSW - Crown
File Number(s): 2011/3546
Judgment
INTRODUCTION
On 10 August 2012 Kristine Weston ("the offender") was indicted in the following terms:
(i) that between 29 October 2010 and 5 January 2011, at Casino in the State of New South Wales, whilst knowing…
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- AGLC
- R v Weston [2012] NSWSC 1498
- Case
- [2012] NSWSC 1498
- Decision Date
CaseChat Overview and Summary
The Court considered the nature of the offence and the circumstances of the case, including the fact that the offending was on the spur of the moment and over a short period of time. However, the Court found that the objective seriousness of the offence warranted a custodial sentence. The Court also considered the offender's mental state and found that it did not render her an inappropriate vehicle for general deterrence. The Court held that it was necessary to maintain the integrity of the administration of justice, and that a custodial sentence was appropriate. However, the Court found that the sentence should be suspended, given the circumstances of the case.
The Court found that the sentence should be suspended, and that the respondent should be placed on a good behaviour bond for a period of two years, with certain conditions. The Court also ordered that the respondent pay a fine of $2,000. The Court held that the sentence was just and appropriate, given the circumstances of the case, and that it served the purposes of general and specific deterrence, as well as retribution and rehabilitation.
Orders
Orders of the court
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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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