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R v Weston

R v Weston

Case [2012] NSWSC 1498 7 December 2012

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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 1986
Cases 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 17
Category: Sentence
Parties:
Regina - Crown
Kristine Weston - Offender
Representation:
Mr P Barnett SC - Crown

Mr G Kennedy - Offender
Director of Public Prosecutions NSW - Crown
Rice More and Gibson Solicitors - Offender

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…

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 Weston

Details

AGLC: R v Weston [2012] NSWSC 1498
Case: [2012] NSWSC 1498
Decision Date: 07 December 2012

CaseChat Overview and Summary

In the Supreme Court of Victoria, the Crown sought to appeal the sentence given to the respondent, Mr Weston, who had been convicted of providing false information with intent to hinder the apprehension of an accused person wanted by the police for murder. The Court was required to consider the objective seriousness of the offence, particularly given the circumstances that the offending was on the spur of the moment and over a short period of time. Additionally, the Court needed to determine whether the offender's mental state rendered her an inappropriate vehicle for general deterrence and whether a custodial sentence was appropriate. The Court also had to consider the need to maintain the integrity of the administration of justice and whether the sentence should be suspended.

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