R v Deborah Grant [2012] NSWSC 1491

R v Deborah Grant [2012] NSWSC 1491

The offence was serious because it involved an intention to hinder discovery of evidence concerning a murder and general deterrence was important to protect the administration of justice. However, the offending was towards the bottom end of the spectrum because the offender gave advice only, did not herself hide documents, did not actually hinder the police investigation, acted without premeditation or planning over a short period, and was responding to a situation not of her making. No penalty other than imprisonment was appropriate, but a 12 month term could properly be wholly suspended with a good behaviour bond and supervision conditions.

Jurisdiction
Australia
Judgment Date
07 December 2012
Procedural Posture
Criminal Sentence for Offence Under S. 315(1)(b) of the Crimes Act 1900 / Sentence Following Guilty Plea
Outcome
The offender was convicted and sentenced to a fixed term of 12 months imprisonment, wholly suspended, with release on a 12 month good behaviour bond subject to conditions; the s. 316(1) charge was dismissed.
Legal Topics
['hindering Investigation' 'discovery of Evidence Concerning a Serious Indictable Offence' 'administration of Justice' 'guilty Plea' 'suspended Sentence' 'good Behaviour Bond']
['criminal Law' 'sentencing'] ['hindering Investigation' 'discovery of Evidence Concerning a Serious Indictable Offence' 'administration of Justice' 'guilty Plea' 'suspended Sentence' 'good Behaviour Bond']

Case Brief

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Procedural Posture

Criminal Sentence for Offence Under S. 315(1)(b) of the Crimes Act 1900 / Sentence Following Guilty Plea

Legal Issues

  1. 1 ["Assessment of the objective seriousness of the offender's offence under s. 315(1)(b) of the Crimes Act 1900." "Whether the offender's conduct warranted a sentence of imprisonment rather than a bond under s. 9 of the Sentencing Act." 'Whether any sentence of imprisonment should be wholly suspended under s. 12 of the Crimes (Sentencing Procedure) Act 1999.' "What weight should be given to the offender's guilty plea, criminal history, psychological material, risk of re-offending, family circumstances and prospects of rehabilitation."]

Ratio Decidendi

The offence was serious because it involved an intention to hinder discovery of evidence concerning a murder and general deterrence was important to protect the administration of justice. However, the offending was towards the bottom end of the spectrum because the offender gave advice only, did not herself hide documents, did not actually hinder the police investigation, acted without premeditation or planning over a short period, and was responding to a situation not of her making. No penalty other than imprisonment was appropriate, but a 12 month term could properly be wholly suspended with a good behaviour bond and supervision conditions.

Court Disposition

The offender was convicted and sentenced to a fixed term of 12 months imprisonment, wholly suspended, with release on a 12 month good behaviour bond subject to conditions; the s. 316(1) charge 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 1999, the whole of that...