Director of Public Prosecutions (NSW) v Frank [2016] NSWLC 2

Director of Public Prosecutions (NSW) v Frank [2016] NSWLC 2

Because the defendant pleaded guilty, made immediate admissions, showed genuine remorse, provided and promised significant assistance to authorities, obtained no financial benefit personally, caused only a modest financial advantage to another, acted under considerable pressure from a superior officer, was otherwise of good character and unlikely to reoffend, it was appropriate to find the offence proved but dismiss the charge without conviction under section 10(1)(b) conditional on an 18 month good behaviour bond. Without the significant assistance, a conviction and section 9 bond would have been imposed.

Jurisdiction
Australia
Judgment Date
29 January 2016
Procedural Posture
Criminal Sentencing for Dishonestly Obtaining a Financial Advantage for Another by Deception / Sentence After Guilty Plea
Outcome
Offence proved; charge dismissed without conviction pursuant to section 10(1)(b) conditional on the defendant entering into a good behaviour bond for 18 months.
Legal Topics
['dishonestly Obtaining Financial Advantage by Deception' 'police Officer Defendant' 'de Simoni Principle' 'assistance to Authorities' 'disposition Without Conviction' 'section 10(1)(b) Bond']
['criminal Law' 'sentencing'] ['dishonestly Obtaining Financial Advantage by Deception' 'police Officer Defendant' 'de Simoni Principle' 'assistance to Authorities' 'disposition Without Conviction' 'section 10(1)(b) Bond']

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Procedural Posture

Criminal Sentencing for Dishonestly Obtaining a Financial Advantage for Another by Deception / Sentence After Guilty Plea

Legal Issues

  1. 1 ['Whether, applying the De Simoni principle, the defendant should be sentenced only for the offence charged and not for circumstances that could justify a more serious charge.' "What weight should be given to the defendant's assistance to authorities under section 23 of the Crimes (Sentencing Procedure) Act 1999." 'Whether the matter should be dismissed without conviction under section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 conditional on a good behaviour bond.']

Ratio Decidendi

Because the defendant pleaded guilty, made immediate admissions, showed genuine remorse, provided and promised significant assistance to authorities, obtained no financial benefit personally, caused only a modest financial advantage to another, acted under considerable pressure from a superior officer, was otherwise of good character and unlikely to reoffend, it was appropriate to find the offence proved but dismiss the charge without conviction under section 10(1)(b) conditional on an 18 month good behaviour bond. Without the significant assistance, a conviction and section 9 bond would have been imposed.

Court Disposition

Offence proved; charge dismissed without conviction pursuant to section 10(1)(b) conditional on the defendant entering into a good behaviour bond for 18 months.

Orders

  • ['I find the offence proved but deem it inexpedient to inflict any punishment. The charge will be dismissed pursuant to the provisions of section 10(1)(b) of the Crimes Sentencing Procedure Act conditional on the defendant entering into a bond to be of good behaviour for a period of 18 months.']