REGINA v R.A.F [1999] NSWSC 615

REGINA v R.A.F [1999] NSWSC 615

Although the offence was objectively serious because R.A.F. knowingly gave comfort and assistance to a murderer and thereby helped him avoid justice, her extreme youth at the time of the offence, troubled personal history, rehabilitation efforts, compliance with bail, first available guilty plea, support network, care of her baby and real prospects of rehabilitation made immediate custodial punishment inappropriate. A deferred sentence with a conditional recognisance under s.558 of the Crimes Act 1900 (NSW) properly preserved the conviction, encouraged rehabilitation and retained the sanction of later sentence if she breached the opportunity given by the Court.

Jurisdiction
Australia
Judgment Date
23 June 1999
Procedural Posture
Criminal Sentencing for Accessory After the Fact to Murder / Remarks on Sentence Following Plea of Guilty and Conviction
Outcome
Sentence deferred; R.A.F released on recognisance to be of good behaviour for 4 years and to come up for sentence within that period if required by the Court, subject to conditions.
Legal Topics
['accessory After the Fact to Murder' 'plea of Guilty' 'child Offender' 'deferred Sentence' 'recognisance' 'rehabilitation']
['criminal Law' 'sentencing' 'juvenile Justice'] ['accessory After the Fact to Murder' 'plea of Guilty' 'child Offender' 'deferred Sentence' 'recognisance' 'rehabilitation']

Case Brief

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Procedural Posture

Criminal Sentencing for Accessory After the Fact to Murder / Remarks on Sentence Following Plea of Guilty and Conviction

Legal Issues

  1. 1 ['What sentence should be imposed on a child offender who pleaded guilty to being an accessory after the fact to murder.' "How to balance the objective seriousness of assisting a known killer to avoid justice against the offender's youth, personal circumstances, guilty plea and prospects of rehabilitation." 'Whether it was appropriate to defer sentence and release the offender on a recognisance under s.558 of the Crimes Act 1900 (NSW).']

Ratio Decidendi

Although the offence was objectively serious because R.A.F. knowingly gave comfort and assistance to a murderer and thereby helped him avoid justice, her extreme youth at the time of the offence, troubled personal history, rehabilitation efforts, compliance with bail, first available guilty plea, support network, care of her baby and real prospects of rehabilitation made immediate custodial punishment inappropriate. A deferred sentence with a conditional recognisance under s.558 of the Crimes Act 1900 (NSW) properly preserved the conviction, encouraged rehabilitation and retained the sanction of later sentence if she breached the opportunity given by the Court.

Court Disposition

Sentence deferred; R.A.F released on recognisance to be of good behaviour for 4 years and to come up for sentence within that period if required by the Court, subject to conditions.

Orders

  • ['Pursuant to section 558 of the Crimes Act 1900 (NSW), the passing of sentence upon R.A.F is deferred.' "R.A.F is released upon entering into a recognisance without sureties in the amount of $500 to be of good behaviour for a period of 4 years from today's date and to come up for sentence at any time within that...