KRT v R [2015] NSWDC 375

KRT v R [2015] NSWDC 375

The appeal was upheld and the sentence set aside because, despite the seriousness indicated by the blood alcohol reading, the appellant’s unique medical condition, prior good character, sincere remorse, steps taken to avoid repeat offending, and the extenuating emotional circumstances justified the rare application of s 10, releasing her on a good behaviour bond instead of recording a conviction.

Parties
Appellant: KRT; Respondent: Crown
Jurisdiction
Australia
Judgment Date
18 November 2015
Procedural Posture
Criminal Severity Appeal / Appeal From Sentence Imposed by Local Court
Outcome
Conviction and sentence set aside. Applicant released on a good behaviour bond for 18 months under s 10 Crimes (Sentencing Procedure) Act 1999.
Legal Topics
Severity Appeal, Mid Range PCA Offence, Application of S 10 Crimes (sentencing Procedure) Act 1999, Good Character, Extenuating Circumstances
Criminal Law Severity Appeal Mid Range PCA Offence Application of S 10 Crimes (sentencing Procedure) Act 1999 Good Character Extenuating Circumstances

Case Brief

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Parties

KRT

Appellant

Crown

Respondent

Procedural Posture

Criminal Severity Appeal / Appeal From Sentence Imposed by Local Court

Legal Issues

  1. 1 Whether the sentence imposed in the Local Court was manifestly excessive given the circumstances
  2. 2 Whether s 10 of the Crimes (Sentencing Procedure) Act 1999 should be applied to excuse the offender from conviction

Ratio Decidendi

The appeal was upheld and the sentence set aside because, despite the seriousness indicated by the blood alcohol reading, the appellant’s unique medical condition, prior good character, sincere remorse, steps taken to avoid repeat offending, and the extenuating emotional circumstances justified the rare application of s 10, releasing her on a good behaviour bond instead of recording a conviction.

Court Disposition

Conviction and sentence set aside. Applicant released on a good behaviour bond for 18 months under s 10 Crimes (Sentencing Procedure) Act 1999.

Orders

  • The conviction recorded and the sentence passed by the Local Court at Waverley on 9 September 2015 is set aside.
  • Appellant released on a good behaviour bond for a period of 18 months from 18 November 2015.