Podesta v R [2009] NSWCCA 97

Podesta v R [2009] NSWCCA 97

The sentence of the maximum term for concealing a serious indictable offence was excessive and should be varied to a fixed term of 12 months. The sentence for perverting the course of justice was not manifestly excessive, considering the seriousness of the offence and the applicant's criminal history.

Source-derived case information.

Parties
Applicant: Cathryn Lehane Podesta; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
08 April 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence and Sentence Appeal
Outcome
Application for leave to appeal granted. Appeal on sentence for s 316 offence upheld; sentence quashed and new sentence imposed. Appeal otherwise dismissed.
Legal Topics
Appeal Against Sentence, Concealing Serious Indictable Offence, Pervert the Course of Justice, Protection of Family Member in Sentencing
Criminal Law Appeal Against Sentence Concealing Serious Indictable Offence Pervert the Course of Justice Protection of Family Member in Sentencing

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Parties

Cathryn Lehane Podesta

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence and Sentence Appeal

Legal Issues

  1. 1 Whether the sentence for concealing a serious indictable offence was manifestly excessive
  2. 2 Whether the sentence for perverting the course of justice was appropriate
  3. 3 Impact of motive of protecting a family member on sentence

Ratio Decidendi

The sentence of the maximum term for concealing a serious indictable offence was excessive and should be varied to a fixed term of 12 months. The sentence for perverting the course of justice was not manifestly excessive, considering the seriousness of the offence and the applicant's criminal history.

Court Disposition

Application for leave to appeal granted. Appeal on sentence for s 316 offence upheld; sentence quashed and new sentence imposed. Appeal otherwise dismissed.

Orders

  • Application for leave to appeal granted.
  • Appeal in relation to the sentence for the offence of concealing a serious indictable offence contrary to s 316 of the Crimes Act is upheld and the sentence quashed. The applicant is sentenced to fixed term of 12 months imprisonment commencing 18 December 2007 and expiring on 17 December 2008.