R v Everett [2019] NSWDC 895

R v Everett [2019] NSWDC 895

The offender was convicted, but a 12 month Conditional Release Order was appropriate because his conduct was limited to failing to report the serious offending he observed, Ms McRae's related offending was significantly more serious yet dealt with by a community order, he was entitled to a 25% discount for his early guilty plea, he had already spent time in custody, his criminal history was limited, he had family responsibilities, and he was assessed as a low risk of reoffending with good prospects of rehabilitation.

Jurisdiction
Australia
Judgment Date
30 October 2019
Procedural Posture
Criminal Sentence / Sentence After Guilty Plea
Outcome
Convicted; conditional release order imposed for 12 months.
Legal Topics
['conceal Serious Indictable Offence' 'parity With Co Offender' 'guilty Plea Discount' 'conditional Release Order' 'subjective Matters']
['criminal Law' 'sentencing'] ['conceal Serious Indictable Offence' 'parity With Co Offender' 'guilty Plea Discount' 'conditional Release Order' 'subjective Matters']

Case Brief

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Procedural Posture

Criminal Sentence / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for concealing a serious indictable offence contrary to s 316(1) of the Crimes Act 1900.' 'Whether parity with the sentence imposed on Ms McRae affected the appropriate sentence.' "Whether the offender's guilty plea, subjective circumstances, time in custody, low risk of reoffending and prospects of rehabilitation justified a Conditional Release Order."]

Ratio Decidendi

The offender was convicted, but a 12 month Conditional Release Order was appropriate because his conduct was limited to failing to report the serious offending he observed, Ms McRae's related offending was significantly more serious yet dealt with by a community order, he was entitled to a 25% discount for his early guilty plea, he had already spent time in custody, his criminal history was limited, he had family responsibilities, and he was assessed as a low risk of reoffending with good prospects of rehabilitation.

Court Disposition

Convicted; conditional release order imposed for 12 months.

Orders

  • ['Pursuant to section 9(1)(a) of the Crimes (Sentencing Procedure) Act 1999, the offender must comply with a conditional release order for a period of 12 months commencing 30 October 2019.' 'The offender must not commit any offence.' 'The offender must appear before court if called upon to do so at any time.'...