District Court
New South Wales
- Amendment notes
Medium Neutral Citation: Regina v Alan Matthew McArdle [2017] NSWDC 239 Hearing dates: 11 August 2017 Date of orders: 01 September 2017 Decision date: 01 September 2017 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1 The offender is convicted
2 The offender is sentenced to 2 years imprisonment. That sentence is suspended and the offender is to be released from custody on condition that he enters into a bond to be of good behaviour under section 12 Crimes (Sentencing Procedure) Act 1999 for a period of 2 years. The conditions are that the offender:
(1) Is to be of good behaviour and appear before the Court of called on to do so;
(2) Is to inform the Registrar of the District Court at the Downing Centre of any change of residential address;
(3) accept the supervision and to obey the reasonable directions of the Community Corrections Service with regard to alcohol and other drug counselling and for treatment of his mental condition. That supervision is to continue for the length of the bond or for such shorter time as the Community Corrections Service deems necessary.Catchwords: CRIINAL LAW – offence - plea of guilty – sexual intercourse without consent
SENTENCE – mitigating factors – aggravating factors – circumstances – objective seriousness – specific deterrence – general deterrence – appropriate penalty
SENTENCE PRINCIPLES – parity – totality – community values – remorse – contrition – onerous penalty – extra curial punishment – youth of offender – prospects of rehabilitation – circumstances of the offence – available sentencing options – expression of guilt – exceptional caseLegislation Cited: Crimes Act 1900 s.61I
Crimes (Sentencing Procedure) Act 1999 ss.3, 3A, 5, 66, 76. 12, 21A(3)(e), 21A(3)(f), 21A(3)(g), 21A(3)(h), 21A(3)(i), 21A(3)(k), 21A(3)(m)Cases Cited: R v Thomson & Houlton (2000) 49 NSWLR 383
R v Borkowski (2009) 195 A Crim R 1
Palijan v R [2010] NSWCCA 142
R v Scognamiglio (1991) 56 A Crim R 81
R v Wright (1997) 93 A Crim R 48 and
R v Lawrence [2005] NSWCCA 91
Dinsdale v R (2000) 202 CLR 321
R v Percy [1975] Tas SR 62
Wood v Samuels (1974) 8 SASR 465
R v Barlow [2008] NSWCCA 253
R v Zamagias [2002] NSWCCA 17
Bullock v R [2016] NSWCCA 131
R v May [1999] NSWCCA 40
Muldrock v R (2011) 244 CLR 120
Greenwodd v R [2014] NSWCCA 64
Sabapathy v R [2008] NSWCCA 82Category: Sentence Parties: Regina (The Crown)
Alan Mathew McArdle (Offender)Representation: Counsel:
Solicitors:
Mr M Gelbert (Offender)
C Hyland, Solicitor for Public Prosecutions (The Crown)
Crawford & Duncan Lawyers (Offender)
File Number(s): 2016/00210348 Publication restriction: None
sentence
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Alan Matthew McArdle (the offender) appears for sentence after pleading guilty on the Local Court to one count of sexual intercourse without consent contrary to section 61I Crimes Act 1900.
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The maximum penalty for the offence is a term of imprisonment of 14 years and parliament has prescribed a standard non-parole period…
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- Case
- [2017] NSWDC 239
- Decision Date
CaseChat Overview and Summary
The court was required to consider various sentencing principles, including the circumstances of the offence, the defendant's remorse and prospects of rehabilitation, and the objectives of sentencing such as deterrence and protection of the community. The court had to weigh both mitigating and aggravating factors. Mitigating factors included the defendant's early guilty plea, his remorse, and the impact of the offence on his personal life. Aggravating factors included the serious nature of the offence and the need for specific and general deterrence.
After considering the totality of the circumstances and the objectives of sentencing, the court decided that the most appropriate sentence was a suspended imprisonment term of two years. The defendant was to be released on condition that he enter into a bond to be of good behaviour for two years and comply with specific conditions, including supervision and treatment for alcohol, drugs, and mental health issues. This sentence balanced the need for punishment, deterrence, and the defendant's prospects of rehabilitation.
Orders
Orders of the court
1 The offender is convicted
2 The offender is sentenced to 2 years imprisonment. That sentence is suspended and the offender is to be released from custody on condition that he enters into a bond to be of good behaviour under section 12 Crimes (Sentencing Procedure) Act 1999 for a period of 2 years. The conditions are that the offender:
(1) Is to be of good behaviour and appear before the Court of called on to do so;
(2) Is to inform the Registrar of the District Court at the Downing Centre of any change of residential address;
(3) accept the supervision and to obey the reasonable directions of the Community Corrections Service with regard to alcohol and other drug counselling and for treatment of his mental condition. That supervision is to continue for the length of the bond or for such shorter time as the Community Corrections Service deems necessary.
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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