R v Smith [2017] NSWSC 900

R v Smith [2017] NSWSC 900

Because the offender deliberately assisted his partner after learning she had stabbed someone by helping her wash, burying a bloodied knife and other items, and initially lying to police, the offending was a serious example of a serious offence against public justice. Although he later confessed, showed remorse, and pleaded guilty, the plea was entered on the trial date and warranted only a 15% utilitarian discount. His prior record, guarded rehabilitation prospects, and commission of the offence while on bail aggravated the matter. A suspended sentence was inappropriate; full-time custody was required, but the sentence was backdated and made partly concurrent with the existing sentence.

Jurisdiction
Australia
Judgment Date
06 July 2017
Procedural Posture
Criminal Sentence / Remarks on Sentence After Plea of Guilty on the Day Listed for Trial
Outcome
The offender was convicted and sentenced to full-time custody with a non-parole period of 8 months and a parole period of 7 months.
Legal Topics
['hindering the Discovery of Evidence of a Serious Indictable Offence' 'reckless Wounding' 'plea of Guilty' 'sentencing' 'non Parole Period']
['criminal Law'] ['hindering the Discovery of Evidence of a Serious Indictable Offence' 'reckless Wounding' 'plea of Guilty' 'sentencing' 'non Parole Period']

Case Brief

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Procedural Posture

Criminal Sentence / Remarks on Sentence After Plea of Guilty on the Day Listed for Trial

Legal Issues

  1. 1 ['What sentence should be imposed for hindering the discovery of evidence of the serious indictable offence of reckless wounding contrary to s 315(1)(b) of the Crimes Act 1900 (NSW).' "What utilitarian value should be given to the offender's plea of guilty entered on the day listed for trial." 'Whether the objective and subjective features permitted a suspended sentence or required full-time custody.' "Whether the sentence should be backdated and made partly concurrent with the offender's existing sentence."]

Ratio Decidendi

Because the offender deliberately assisted his partner after learning she had stabbed someone by helping her wash, burying a bloodied knife and other items, and initially lying to police, the offending was a serious example of a serious offence against public justice. Although he later confessed, showed remorse, and pleaded guilty, the plea was entered on the trial date and warranted only a 15% utilitarian discount. His prior record, guarded rehabilitation prospects, and commission of the offence while on bail aggravated the matter. A suspended sentence was inappropriate; full-time custody was required, but the sentence was backdated and made partly concurrent with the existing sentence.

Court Disposition

The offender was convicted and sentenced to full-time custody with a non-parole period of 8 months and a parole period of 7 months.

Orders

  • ['Ryan James Smith, you are convicted of the offence of hindering the discovery of evidence of the serious indictable offence of reckless wounding.' 'I sentence you to a non-parole period of 8 months, commencing on 3 April 2017, to be followed by a parole period of 7 months, expiring on 2 July 2018.' 'The date upon...