Police v Liddington [2023] NSWLC 13

Police v Liddington [2023] NSWLC 13

The defendant's offending was motivated by extremist right-wing ideology, targeted and planned against a particular victim, involved significant aggravation under s 21A(2)(h) Crimes (Sentencing Procedure) Act, and his lack of remorse and poor prospects of rehabilitation meant only a full-time custodial sentence was appropriate; parity does not apply given differences from co-offender and the need for specific and general deterrence and community protection.

Parties
Prosecution: NSW Police Force; Defendant: Desmond Liddington
Jurisdiction
Australia
Judgment Date
06 February 2023
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and sentence to aggregate imprisonment
Legal Topics
Intimidation, Affray, Hate Crime, Race Crime, Sentencing, Deterrence, Parity, Community Protection, Denunciation
Criminal Law Intimidation Affray Hate Crime Race Crime Sentencing Deterrence Parity +2 more

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Parties

NSW Police Force

Prosecution

Desmond Liddington

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Whether the offences involved intimidation and affray motivated by hatred or prejudice.
  2. 2 What are the aggravating and mitigating factors for sentencing.
  3. 3 Whether parity applies between co-offenders for sentencing.

Ratio Decidendi

The defendant's offending was motivated by extremist right-wing ideology, targeted and planned against a particular victim, involved significant aggravation under s 21A(2)(h) Crimes (Sentencing Procedure) Act, and his lack of remorse and poor prospects of rehabilitation meant only a full-time custodial sentence was appropriate; parity does not apply given differences from co-offender and the need for specific and general deterrence and community protection.

Court Disposition

Conviction and sentence to aggregate imprisonment

Orders

  • The offender Desmond Liddington is convicted on both counts of Intimidation and Affray.
  • The offender is sentenced to an aggregate sentence of imprisonment for 2 years and 6 months from 4 February 2023 to 3 August 2025 with a non-parole period of 18 months.