R v Kristine Weston [2012] NSWSC 1498

R v Kristine Weston [2012] NSWSC 1498

The offence was serious because it involved intentionally giving false information to police to hinder the apprehension of a person involved in murder, thereby interfering with the administration of justice and requiring general deterrence. Although the offending was isolated, spontaneous, unplanned, of short duration, and actual hindrance was not proved, no penalty other than imprisonment was appropriate. The offender's intellectual impairment was taken into account, but the evidence did not establish a significant mental disorder or abnormality sufficient to displace ordinary principles of general deterrence. A 12 month term of imprisonment was appropriate, but the whole sentence should...

Jurisdiction
Australia
Judgment Date
07 December 2012
Procedural Posture
Criminal Sentence / Sentence Following Guilty Plea to the Second Count on Indictment
Outcome
The offender was convicted and sentenced to 12 months imprisonment, wholly suspended on condition that she enter into a 12 month good behaviour bond; the backup charge under s316 was dismissed.
Legal Topics
['hindering Apprehension of a Person Wanted by Police for Murder' 'false Information to Police' 'administration of Justice' 'objective Seriousness' 'general Deterrence' 'suspended Sentence' 'good Behaviour Bond']
['criminal Law' 'sentencing'] ['hindering Apprehension of a Person Wanted by Police for Murder' 'false Information to Police' 'administration of Justice' 'objective Seriousness' 'general Deterrence' 'suspended Sentence' 'good Behaviour Bond']

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Procedural Posture

Criminal Sentence / Sentence Following Guilty Plea to the Second Count on Indictment

Legal Issues

  1. 1 ['What sentence should be imposed for providing false information to police with intent to hinder the apprehension of David Comber, who was wanted in relation to the disappearance and murder of Adrian Trevett.' 'Whether the offence was sufficiently serious to require a sentence of imprisonment rather than a bond under s9 of the Crimes (Sentencing Procedure) Act 1999.' "Whether the offender's intellectual impairment or mental state made her an inappropriate vehicle for general deterrence." 'Whether any custodial sentence should be suspended under s12 of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

The offence was serious because it involved intentionally giving false information to police to hinder the apprehension of a person involved in murder, thereby interfering with the administration of justice and requiring general deterrence. Although the offending was isolated, spontaneous, unplanned, of short duration, and actual hindrance was not proved, no penalty other than imprisonment was appropriate. The offender's intellectual impairment was taken into account, but the evidence did not establish a significant mental disorder or abnormality sufficient to displace ordinary principles of general deterrence. A 12 month term of imprisonment was appropriate, but the whole sentence should...

Court Disposition

The offender was convicted and sentenced to 12 months imprisonment, wholly suspended on condition that she enter into a 12 month good behaviour bond; the backup charge under s316 was dismissed.

Orders

  • ['The offender is convicted of the offence under s. 315(1)(b) of the Crimes Act 1900.' 'The offender is sentenced to a fixed term of imprisonment of 12 months commencing on 7 December 2012 and ending on 6 December 2013.' 'Pursuant to s. 12(1)(a) of the Crimes (Sentencing Procedure) Act I order that the whole of that...