REGINA v. CARROLL [1999] NSWSC 825

REGINA v. CARROLL [1999] NSWSC 825

Because the guilty plea was timely once the Crown case was finally ascertained, the prisoner's undertaking to assist was of very great significance, his evidence appeared truthful, complete, reliable, significant and useful, his failure to report occurred in fast-moving and constrained family circumstances, and his subjective circumstances and suitability for supervision supported rehabilitation, it was appropriate not to impose a custodial penalty and instead to defer sentence on a supervised recognisance.

Jurisdiction
Australia
Judgment Date
12 August 1999
Procedural Posture
Criminal Sentencing for an Offence Under S.316 of the Crimes Act 1900 / Sentence After Plea of Guilty
Outcome
Sentence deferred on recognisance.
Legal Topics
['conceal Serious Offence' 'plea of Guilty' 'assistance to Prosecution' 'deferred Sentence' 'recognisance' 'subjective Circumstances']
['criminal Law' 'sentencing'] ['conceal Serious Offence' 'plea of Guilty' 'assistance to Prosecution' 'deferred Sentence' 'recognisance' 'subjective Circumstances']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['What sentence should be imposed for failing, without reasonable excuse, to bring to police attention information that might materially assist in securing the apprehension of a person who had committed murder.' "What weight should be given to the prisoner's guilty plea under s.439 of the Crimes Act." "What weight should be given to the prisoner's undertaking to assist the prosecution under s.442B of the Crimes Act." "Whether, having regard to the seriousness of the principal offence, the prisoner's circumstances, and the Probation and Parole Service report, a custodial penalty should be imposed or sentence deferred on recognisance."]

Ratio Decidendi

Because the guilty plea was timely once the Crown case was finally ascertained, the prisoner's undertaking to assist was of very great significance, his evidence appeared truthful, complete, reliable, significant and useful, his failure to report occurred in fast-moving and constrained family circumstances, and his subjective circumstances and suitability for supervision supported rehabilitation, it was appropriate not to impose a custodial penalty and instead to defer sentence on a supervised recognisance.

Court Disposition

Sentence deferred on recognisance.

Orders

  • ['Passing of sentence deferred pursuant to s.558 of the Crimes Act.' 'The prisoner was ordered to be released upon entering into a recognisance without surety in the sum of $1,000 to be of good behaviour for a period of two years and six months from 12 August 1999 and to come up for sentence if called upon.' 'The...