REGINA v. MORAN [1999] NSWSC 874

REGINA v. MORAN [1999] NSWSC 874

Although the prisoner was to be convicted for concealing a serious offence, the appropriate course was to defer passing sentence and impose a recognisance because his opportunity to report was limited, he was thoroughly drunk and confused, he pleaded guilty at the earliest opportunity, made admissions and offered assistance, had already spent about 14 days in custody, was young, had limited prior matters, showed contrition, and had strong family, community and Probation and Parole support addressing alcohol and substance abuse.

Jurisdiction
Australia
Judgment Date
24 August 1999
Procedural Posture
Criminal Sentencing for Concealing a Serious Offence / Sentence After Guilty Plea
Outcome
Sentence deferred upon recognisance; prisoner convicted.
Legal Topics
['conceal Serious Offence' 'guilty Plea' 'intoxication' 'assistance to Authorities' 'recognisance' 'fingerprinting']
['criminal Law' 'sentencing'] ['conceal Serious Offence' 'guilty Plea' 'intoxication' 'assistance to Authorities' 'recognisance' 'fingerprinting']

Case Brief

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Procedural Posture

Criminal Sentencing for Concealing a Serious Offence / Sentence After Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed for failing without reasonable excuse to bring information about a murder to the attention of police.' "Whether and how the prisoner's intoxication, limited opportunity to report, guilty plea, admissions, assistance or promised assistance, youth, prior character and rehabilitation prospects should affect sentence." 'Whether an order should be made requiring the prisoner to submit to fingerprinting.']

Ratio Decidendi

Although the prisoner was to be convicted for concealing a serious offence, the appropriate course was to defer passing sentence and impose a recognisance because his opportunity to report was limited, he was thoroughly drunk and confused, he pleaded guilty at the earliest opportunity, made admissions and offered assistance, had already spent about 14 days in custody, was young, had limited prior matters, showed contrition, and had strong family, community and Probation and Parole support addressing alcohol and substance abuse.

Court Disposition

Sentence deferred upon recognisance; prisoner convicted.

Orders

  • ['The prisoner is convicted.' 'Passing sentence is deferred upon the prisoner entering into a recognisance himself in the sum of $1,000 for a period of three years to be of good behaviour and to come up for sentence if called upon.' 'The recognisance is conditioned upon the prisoner submitting himself for the...