NSW Police v Scott John Seward [2017] NSWLC 16

NSW Police v Scott John Seward [2017] NSWLC 16

Given the compelling extenuating circumstances, significant assistance to authorities, voluntary disclosure, lack of personal gain, and objective seriousness at the lower end, it is appropriate to dismiss the charge pursuant to section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 conditional on the defendant entering a good behaviour bond for 2 years, without recording a conviction.

Jurisdiction
Australia
Judgment Date
13 July 2017
Procedural Posture
Criminal / Sentence
Outcome
offence proved, charge dismissed pursuant to section 10(1)(b) conditional on good behaviour bond, no conviction recorded
Legal Topics
['dishonestly Obtaining Financial Advantage by Deception' 'sentence' 'assistance to Authorities' 'good Behaviour Bond' 'disposition Without Conviction' 'objective Seriousness']
['criminal Law'] ['dishonestly Obtaining Financial Advantage by Deception' 'sentence' 'assistance to Authorities' 'good Behaviour Bond' 'disposition Without Conviction' 'objective Seriousness']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['What penalty should be imposed for dishonestly obtaining financial advantage by deception under section 192E(1)(b) of the Crimes Act 1900?' 'Should a conviction be recorded or the defendant discharged on a bond under section 10 of the Crimes (Sentencing Procedure) Act 1999?' "How should the defendant's assistance to authorities and voluntary disclosure impact the sentence?"]

Ratio Decidendi

Given the compelling extenuating circumstances, significant assistance to authorities, voluntary disclosure, lack of personal gain, and objective seriousness at the lower end, it is appropriate to dismiss the charge pursuant to section 10(1)(b) of the Crimes (Sentencing Procedure) Act 1999 conditional on the defendant entering a good behaviour bond for 2 years, without recording a conviction.

Court Disposition

offence proved, charge dismissed pursuant to section 10(1)(b) conditional on good behaviour bond, no conviction recorded

Orders

  • ['Charge dismissed pursuant to section 10(1)(b) of the Crimes (Sentencing Procedure) Act conditional on the defendant entering into a good behaviour bond for 2 years.' 'Sequence 2 taken into account on a Form 1.']