Regina v Loretta Stubbs [2009] NSWDC 225

Regina v Loretta Stubbs [2009] NSWDC 225

The offence of influencing a witness is serious and strikes at the justice system's integrity, requiring full-time custodial sentence. A two-year sentence with thirteen months non-parole period is justified, discounted for guilty plea and taking into account mental health and rehabilitation needs as special circumstances.

Jurisdiction
Australia
Judgment Date
03 April 2009
Procedural Posture
Criminal / Sentencing
Outcome
custodial sentence imposed
Legal Topics
['influencing a Witness' 'breach of Bond' 'sentencing' 'domestic Violence']
['criminal Law'] ['influencing a Witness' 'breach of Bond' 'sentencing' 'domestic Violence']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Sentencing for doing an act with intent to influence a witness' 'Effect of plea of guilty on sentencing' 'Objectively serious offence committed while on s 9 bond' 'Consideration of mental health and rehabilitation']

Ratio Decidendi

The offence of influencing a witness is serious and strikes at the justice system's integrity, requiring full-time custodial sentence. A two-year sentence with thirteen months non-parole period is justified, discounted for guilty plea and taking into account mental health and rehabilitation needs as special circumstances.

Court Disposition

custodial sentence imposed

Orders

  • ['Defendant sentenced to two years imprisonment, backdated to commence on 3 December 2008.' 'Non-parole period fixed at thirteen months, expiring 2 January 2010.' 'Balance of term is eleven months on parole, commencing 3 January 2010 and concluding 2 December 2010.' 'Order for release on parole under s 50 of the...