REGINA v. DAVIS [1999] NSWSC 875

REGINA v. DAVIS [1999] NSWSC 875

Because the prisoner did not positively put justice at risk once aware of the offence, urged her son to surrender, had no prior criminal record, was unlikely to reoffend, and acted under the emotional conflict of being a mother in an appalling situation, a conviction was not called for; conditional discharge under s.556A with a recognisance, but no supervision, was appropriate.

Jurisdiction
Australia
Judgment Date
24 August 1999
Procedural Posture
Criminal Sentencing for Offence Under S.316 of the Crimes Act 1900 / Sentence After Guilty Plea
Outcome
Charges dismissed conditionally under s.556A
Legal Topics
['conceal Serious Crime' 'failure to Inform Police' 'conditional Discharge' 'recognisance']
['criminal Law' 'sentencing'] ['conceal Serious Crime' 'failure to Inform Police' 'conditional Discharge' 'recognisance']

Case Brief

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Procedural Posture

Criminal Sentencing for Offence Under S.316 of the Crimes Act 1900 / Sentence After Guilty Plea

Legal Issues

  1. 1 ["What sentence should be imposed after the prisoner pleaded guilty to failing, without reasonable excuse, to bring information about her son's murder offence to the attention of police." "Whether a conviction or supervision condition was called for in light of the prisoner's lack of prior record, emotional circumstances, anxiety and asthma, and her urging her son to surrender."]

Ratio Decidendi

Because the prisoner did not positively put justice at risk once aware of the offence, urged her son to surrender, had no prior criminal record, was unlikely to reoffend, and acted under the emotional conflict of being a mother in an appalling situation, a conviction was not called for; conditional discharge under s.556A with a recognisance, but no supervision, was appropriate.

Court Disposition

Charges dismissed conditionally under s.556A

Orders

  • ['The prisoner is discharged conditionally upon entering into a self recognisance in the sum of $1,000 to be of good behaviour for 18 months and to appear for conviction and sentence if called on during that period.' 'The recognisance may be entered before a magistrate.' 'No direction for supervision is made.']