R v Craig DUNN [2012] NSWDC 297

R v Craig DUNN [2012] NSWDC 297

A further custodial penalty, or recording the 6 months and 5 days already spent in custody as a prison sentence, would be too severe and unfair in light of the offender's early guilty plea, the fact that the original more serious charge was not continued, the time already spent in custody after bail was refused, and sentencing statistics showing custodial sentences were uncommon for this offence. The appropriate disposition was conviction with no other penalty under s 10A(1).

Jurisdiction
Australia
Judgment Date
23 November 2012
Procedural Posture
Criminal Sentence / Remarks on Sentence After Plea of Guilty
Outcome
Convicted of the offence of concealing a serious indictable offence; proceedings disposed of without imposing any other penalty under s 10A(1) of the Crimes (Sentencing Procedure) Act 1999.
Legal Topics
['concealing Serious Indictable Offence' 'sentence Without Further Penalty' 'section 10 a Order' 'custody Before Sentence' 'guilty Plea']
['criminal Law' 'sentencing'] ['concealing Serious Indictable Offence' 'sentence Without Further Penalty' 'section 10 a Order' 'custody Before Sentence' 'guilty Plea']

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Procedural Posture

Criminal Sentence / Remarks on Sentence After Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for an offence under s 316(1) of the Crimes Act 1900 after the offender pleaded guilty to concealing a serious indictable offence.' 'Whether the proceedings should be disposed of without imposing any other penalty under s 10A of the Crimes (Sentencing Procedure) Act 1999.' "Whether the offender's 6 months and 5 days in custody on the original more serious charge should appear on his record as a custodial sentence."]

Ratio Decidendi

A further custodial penalty, or recording the 6 months and 5 days already spent in custody as a prison sentence, would be too severe and unfair in light of the offender's early guilty plea, the fact that the original more serious charge was not continued, the time already spent in custody after bail was refused, and sentencing statistics showing custodial sentences were uncommon for this offence. The appropriate disposition was conviction with no other penalty under s 10A(1).

Court Disposition

Convicted of the offence of concealing a serious indictable offence; proceedings disposed of without imposing any other penalty under s 10A(1) of the Crimes (Sentencing Procedure) Act 1999.

Orders

  • ['The offender is convicted of the offence to which he pleaded guilty.' 'The proceedings are disposed of without imposing any other penalty under s 10A(1) of the Crimes (Sentencing Procedure) Act 1999.' 'The original charge of knowingly taking part in the manufacture of pseudoephedrine was formally not continued...