The Queen v Hooper

[2019] NFSC 1

SUPREME COURT OF NORFOLK ISLAND

The Queen v Hooper [2019] NFSC 1

File number:

SCC 2 of 2018

Judge:

WIGNEY J

Date of judgment:

5 December 2018

Catchwords:

CRIMINAL LAW – where accused pleaded guilty to one count of committing the offence of being an accessory after the fact contrary to s 340 of the Criminal Code 2007 (NI) – consideration of the objective seriousness of the offence – consideration of the subjective circumstances of the offender – consideration of any relevant mitigating circumstances

CRIMINAL LAW – sentencing – Norfolk Island sentencing law – consideration of the purposes for imposing a sentence on an offender pursuant to s 5(1) of the Sentencing Act 2007 (NI) – consideration to s 5(2) of the Sentencing Act 2007 (NI) – mitigating circumstances – delay – whether delay is a mitigating factor – where delay was not caused by the offender – where the offender was convicted but released on a bond without security pursuant to s 13 of the Sentencing Act 2007 (NI) – where bond is subject to conditions including good behaviour and supervision by Community Corrections

Legislation:

Criminal Code 2007 (NI) ss 259, 340

Interpretation Act 1979 (NI) s 12A

Sentencing Act 2007 (NI) ss 5, 5(1), 5(2), 13

Cases cited:

R v Melrose [2016] QCA 202

Scook v R (2008) 185 A Crim R 164

Date of hearing:

5 December 2018

Registry:

Norfolk Island

Category:

Catchwords

Number of paragraphs:

52

Solicitor for the Prosecutor:

Mr W S Ferguson of Commonwealth Director of Public Prosecutions

Solicitor for the Defendant:

Mr J Brown of McIntyres

ORDERS

SCC 2 of 2018

BETWEEN:

THE QUEEN

Prosecutor

AND:

JAMES THOMAS HOOPER

Defendant

JUDGE:	WIGNEY J
DATE OF ORDER:	5 DECEMBER 2018

THE COURT ORDERS THAT:

1.The defendant be convicted of the offence of being an accessory after the fact contrary to s 340 of the Criminal Code 2007 (NI).

2.The defendant be released, without security, pursuant to a bond under s 13 of the Sentencing Act 2007 (NI), subject to the following conditions:

(a)appear before Court if called on to do so during the period of the order being 12 months;

(b)to be of good behaviour for the period of 12 months; and

(c)to be subject to supervision by New South Wales Community Corrections pursuant to the supervision plan recommended in the Sentencing Assessment Report dated 3 December 2018 or such other supervision plan as recommended by New South Wales Community Corrections, and to report to Queanbeyan Community Corrections Office to organise the commencement of that supervision.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT
(Delivered ex tempore, revised from transcript)

WIGNEY J:

1. On 5 December 2018, the offender, Mr James Thomas Hooper, was arraigned and pleaded guilty to one count of committing the offence of being an accessory after the fact contrary to s 340 of the Criminal Code 2007 (NI).

2. The offence in the indictment was framed in the…