R v PINCOVAI [2012] NSWSC 1015

R v PINCOVAI [2012] NSWSC 1015

The offender's criminality consisted of failing to report the shooting to police for about two days. That offending was of relatively low objective criminality and was explained to some extent by her fear of Mr Booth, the exploitative and violent relationship, and her amphetamine addiction. Having regard to the short duration of the offending, her personal circumstances, recent efforts to provide for her son and remain drug free, and the twelve weeks and one day already spent in custody, the court held that time served was adequate punishment and imposed a twelve-month good behaviour bond.

Jurisdiction
Australia
Judgment Date
24 July 2012
Procedural Posture
Criminal Sentence / Sentencing Following Guilty Plea to Alternative Charge of Conceal Serious Offence in Full Discharge of the Indictment
Outcome
Convicted of the offence of conceal serious offence and placed under a good behaviour bond for twelve months.
Legal Topics
['conceal Serious Indictable Offence' 'murder' 'good Behaviour Bond' 'objective Criminality' 'rehabilitation']
['criminal Law' 'sentencing'] ['conceal Serious Indictable Offence' 'murder' 'good Behaviour Bond' 'objective Criminality' 'rehabilitation']

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Procedural Posture

Criminal Sentence / Sentencing Following Guilty Plea to Alternative Charge of Conceal Serious Offence in Full Discharge of the Indictment

Legal Issues

  1. 1 ["What sentence should be imposed for the offender's failure to report a murder to police for about two days." "Whether the offender's time in custody represented adequate punishment having regard to the duration and objective criminality of the offending and her personal circumstances."]

Ratio Decidendi

The offender's criminality consisted of failing to report the shooting to police for about two days. That offending was of relatively low objective criminality and was explained to some extent by her fear of Mr Booth, the exploitative and violent relationship, and her amphetamine addiction. Having regard to the short duration of the offending, her personal circumstances, recent efforts to provide for her son and remain drug free, and the twelve weeks and one day already spent in custody, the court held that time served was adequate punishment and imposed a twelve-month good behaviour bond.

Court Disposition

Convicted of the offence of conceal serious offence and placed under a good behaviour bond for twelve months.

Orders

  • ['Sabina Pincovai is convicted of the offence of conceal serious offence.' 'The offender is to be placed under a bond to be of good behaviour for twelve months pursuant to s 9 of the Crimes (Sentencing Proceedings) Act, to date from 24 July 2012 and to expire on 23 July 2013.']