R v Slacke [2013] NSWSC 1215

R v Slacke [2013] NSWSC 1215

The offender's conduct consisted of a relatively brief delay in allowing police into the premises, permitting Mr Grogan time to flee, and was at the lower level of seriousness for an offence against s 315. Taking into account the late but valuable guilty plea, two days in custody, reasonable prospects of rehabilitation, and the absence of Crown opposition, a conviction with a two-year s 9 good behaviour bond without supervision was appropriate.

Jurisdiction
Australia
Judgment Date
30 August 2013
Procedural Posture
Criminal Sentencing / Sentence After Guilty Plea to Hindering Apprehension in Full Satisfaction of Indictment
Outcome
Convicted and ordered to enter into a good behaviour bond pursuant to s 9 of the Crimes (Sentencing Procedure) Act 1999 for two years.
Legal Topics
['hindering Apprehension of a Person Who Had Committed a Serious Indictable Offence' 'objective Seriousness' 'good Behaviour Bond' 'guilty Plea']
['criminal Law' 'sentencing'] ['hindering Apprehension of a Person Who Had Committed a Serious Indictable Offence' 'objective Seriousness' 'good Behaviour Bond' 'guilty Plea']

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Plea to Hindering Apprehension in Full Satisfaction of Indictment

Legal Issues

  1. 1 ['What sentence should be imposed for hindering the apprehension of Jason Grogan for a serious indictable offence.' 'Whether the offence fell at the lower level of objective seriousness.' 'Whether the matter should be resolved by a good behaviour bond under s 9 of the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

The offender's conduct consisted of a relatively brief delay in allowing police into the premises, permitting Mr Grogan time to flee, and was at the lower level of seriousness for an offence against s 315. Taking into account the late but valuable guilty plea, two days in custody, reasonable prospects of rehabilitation, and the absence of Crown opposition, a conviction with a two-year s 9 good behaviour bond without supervision was appropriate.

Court Disposition

Convicted and ordered to enter into a good behaviour bond pursuant to s 9 of the Crimes (Sentencing Procedure) Act 1999 for two years.

Orders

  • ['For the offence of hindering the apprehension of Jason Grogan for a serious indictable offence, the offender is convicted.' 'The offender is to enter into a good behaviour bond pursuant to s 9 of the Crimes (Sentencing Procedure) Act 1999 for a period of two years.' 'It is a condition of the bond that the offender...