R v Lonergan [2022] NSWDC 423

R v Lonergan [2022] NSWDC 423

The offending for the distribution of the intimate image, though at the lower end of seriousness, warranted a conditional release order with conviction due to its malicious nature and deliberate violation of the victim's dignity; for the intimidation offence, given the appellant's good character and circumstances, a conditional release order without conviction was appropriate.

Parties
Appellant: Ms T Lonergan; Respondent: ODPP
Jurisdiction
Australia
Judgment Date
21 September 2022
Procedural Posture
Criminal Severity Appeal / Judgment on Appeal
Outcome
severity appeal allowed; Local Court sentences set aside
Legal Topics
Severity Appeal, Domestic Violence Offence, Distributing Intimate Image, Sentencing
Criminal Law Severity Appeal Domestic Violence Offence Distributing Intimate Image Sentencing

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Parties

Ms T Lonergan

Appellant

ODPP

Respondent

Procedural Posture

Criminal Severity Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether sentences imposed by the Local Court were manifestly excessive
  2. 2 Appropriate sentencing for distributing an intimate image
  3. 3 Appropriate sentencing for intimidation in domestic violence context

Ratio Decidendi

The offending for the distribution of the intimate image, though at the lower end of seriousness, warranted a conditional release order with conviction due to its malicious nature and deliberate violation of the victim's dignity; for the intimidation offence, given the appellant's good character and circumstances, a conditional release order without conviction was appropriate.

Court Disposition

severity appeal allowed; Local Court sentences set aside

Orders

  • For offence H89597828/1: Conditional release order proceeding to conviction under s 9(1) Crimes (Sentencing Procedure) Act 1999 (NSW), term 18 months, standard conditions.
  • For offence H89597828/2: Conditional release order not proceeding to conviction under s 10(1)(b) Crimes (Sentencing Procedure) Act 1999 (NSW), term 18 months, standard conditions, concurrent with order 1.