The Queen v Hooper [2019] NFSC 1

The Queen v Hooper [2019] NFSC 1

A custodial sentence was not required because the defendant's offending was limited to being an accessory after the fact, involved relatively limited, spur of the moment assistance by driving the principal offender away, involved no planning or personal gain, and was mitigated by his later voluntary admissions, guilty plea, contrition and remorse, and the significant delay not caused by him. The appropriate sentence was conviction and release without security on a 12-month bond under s 13 of the Sentencing Act 2007 (NI) with conditions for appearance, good behaviour and supervision.

Jurisdiction
Australia
Judgment Date
05 December 2018
Procedural Posture
Criminal Sentencing / Sentence Following Guilty Plea
Outcome
The defendant was convicted and released without security on a 12-month bond subject to conditions.
Legal Topics
['accessory After the Fact' 'damaging Property' 'objective Seriousness of Offence' 'subjective Circumstances of Offender' 'mitigating Circumstances' 'delay' 'release on Bond Without Security' 'norfolk Island Sentencing Law']
['criminal Law' 'sentencing'] ['accessory After the Fact' 'damaging Property' 'objective Seriousness of Offence' 'subjective Circumstances of Offender' 'mitigating Circumstances' 'delay' 'release on Bond Without Security' 'norfolk Island Sentencing Law']

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Procedural Posture

Criminal Sentencing / Sentence Following Guilty Plea

Legal Issues

  1. 1 ['What sentence should be imposed after the defendant pleaded guilty to being an accessory after the fact contrary to s 340 of the Criminal Code 2007 (NI).' "How objectively serious the defendant's offending was where his assistance consisted of driving the principal offender away from the scene after property damage by fire." 'Whether the delay between the offence, committal for sentence and presentation of the indictment should be treated as a mitigating circumstance.' 'Whether a custodial sentence was required or whether conviction and release on a bond without security under s 13 of the Sentencing Act 2007 (NI) was appropriate.']

Ratio Decidendi

A custodial sentence was not required because the defendant's offending was limited to being an accessory after the fact, involved relatively limited, spur of the moment assistance by driving the principal offender away, involved no planning or personal gain, and was mitigated by his later voluntary admissions, guilty plea, contrition and remorse, and the significant delay not caused by him. The appropriate sentence was conviction and release without security on a 12-month bond under s 13 of the Sentencing Act 2007 (NI) with conditions for appearance, good behaviour and supervision.

Court Disposition

The defendant was convicted and released without security on a 12-month bond subject to conditions.

Orders

  • ['The defendant be convicted of the offence of being an accessory after the fact contrary to s 340 of the Criminal Code 2007 (NI).' 'The defendant be released, without security, pursuant to a bond under s 13 of the Sentencing Act 2007 (NI), subject to the following conditions: appear before Court if called on to do...