R v Amanda Convery aka Crombie [2013] NSWDC 69

R v Amanda Convery aka Crombie [2013] NSWDC 69

The offences were serious and caused significant physical and psychological harm to a police officer, but the offender's deprived background, significant mental illness, intellectual disability, remorse, harder custodial conditions, guarded rehabilitation prospects, and need for extended parole supervision reduced moral culpability and justified a sentence below the standard non-parole period, partial accumulation, and a non-parole period less than half the total sentence.

Jurisdiction
Australia
Judgment Date
28 February 2013
Procedural Posture
Criminal Sentence / Sentence
Outcome
The offender was sentenced to an overall term of imprisonment of six years, with a non-parole period of two and a half years and a period of eligibility for parole of three and a half years.
Legal Topics
['assault Police Officer in the Execution of Duty' 'use Offensive Weapon to Commit an Indictable Offence' 'assault Occasioning Actual Bodily Harm' 'standard Non Parole Period' 'special Circumstances' 'partial Accumulation' 'mental Illness' 'intellectual Disability' 'aboriginal Disadvantage']
['criminal Law' 'sentencing'] ['assault Police Officer in the Execution of Duty' 'use Offensive Weapon to Commit an Indictable Offence' 'assault Occasioning Actual Bodily Harm' 'standard Non Parole Period' 'special Circumstances' 'partial Accumulation' 'mental Illness' 'intellectual Disability' 'aboriginal Disadvantage']

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Procedural Posture

Criminal Sentence / Sentence

Legal Issues

  1. 1 ['What sentences should be imposed for using an offensive weapon with intent to commit an indictable offence and assaulting a police officer in the execution of duty occasioning actual bodily harm.' "Whether the principles in R v Fernando should be applied to the offender's background and circumstances." 'Whether the sentences should be accumulated or partially accumulated.' 'Whether special circumstances justified an effective non-parole period of less than half the total term.']

Ratio Decidendi

The offences were serious and caused significant physical and psychological harm to a police officer, but the offender's deprived background, significant mental illness, intellectual disability, remorse, harder custodial conditions, guarded rehabilitation prospects, and need for extended parole supervision reduced moral culpability and justified a sentence below the standard non-parole period, partial accumulation, and a non-parole period less than half the total sentence.

Court Disposition

The offender was sentenced to an overall term of imprisonment of six years, with a non-parole period of two and a half years and a period of eligibility for parole of three and a half years.

Orders

  • ['For the offence of using an offensive weapon with intent to commit an indictable offence, a fixed term of imprisonment of two years was imposed, to date from 1 April 2012.' 'For the offence of assaulting a police officer in the execution of her duty, a non-parole period of two years was set to commence on 1...