R v Ryan [2020] NSWDC 406

R v Ryan [2020] NSWDC 406

The offender, by intentionally providing transport and a telephone to a person wanted for a serious indictable offence, hindered that person's apprehension, thereby committing the offence. Although the hindrance was of short duration and motivated by loyalty, the gravity of the offence required a custodial sentence, mitigated by a guilty plea, the offender's mental health, and the finding of special circumstances to maximise community supervision and reduce risk of reoffending.

Parties
Offender: Matthew James Ryan; Prosecutor: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
03 June 2020
Procedural Posture
Criminal / Sentence
Outcome
Sentenced to a term of imprisonment of 1 year and 6 months with a non-parole period of 9 months. Finding of special circumstances. Released to parole 29 June 2020. Directed to be supervised for the parole period and obey all reasonable directions.
Legal Topics
Hinder Apprehension, Sentencing, Parole, Mental Illness, Guilty Plea, Special Circumstances
Criminal Law Hinder Apprehension Sentencing Parole Mental Illness Guilty Plea Special Circumstances

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Matthew James Ryan

Offender

Director of Public Prosecutions

Prosecutor

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 objective seriousness of offence
  2. 2 mitigating factors due to mental illness
  3. 3 impact of breach of parole

Ratio Decidendi

The offender, by intentionally providing transport and a telephone to a person wanted for a serious indictable offence, hindered that person's apprehension, thereby committing the offence. Although the hindrance was of short duration and motivated by loyalty, the gravity of the offence required a custodial sentence, mitigated by a guilty plea, the offender's mental health, and the finding of special circumstances to maximise community supervision and reduce risk of reoffending.

Court Disposition

Sentenced to a term of imprisonment of 1 year and 6 months with a non-parole period of 9 months. Finding of special circumstances. Released to parole 29 June 2020. Directed to be supervised for the parole period and obey all reasonable directions.

Orders

  • Sentence of 1 year and 6 months imprisonment. Non-parole period of 9 months commencing 30 September 2019. Release to parole on 29 June 2020. Parole period of 9 months. Directed to be supervised and obey all reasonable directions during parole.