Wenny Theresia v DPP [2007] NSWDC 237

Wenny Theresia v DPP [2007] NSWDC 237

The appellant, although found guilty, was not convicted because her motives were pure, she lacked full understanding of the consequences of conviction, and her character and circumstances warranted an opportunity to avoid a conviction under section 10.

Parties
Appellant: Wenny Theresia; Respondent: Regina
Jurisdiction
Australia
Judgment Date
02 November 2007
Procedural Posture
Criminal Appeal / Severity Appeal
Outcome
Appeal upheld; finding of guilt confirmed; conviction set aside; appellant discharged without conviction.
Legal Topics
Severity Appeal, Section 10 Discharge, Protest Action, Unauthorised Entry, Sentencing, Conviction Without Guilt
Criminal Law Severity Appeal Section 10 Discharge Protest Action Unauthorised Entry Sentencing Conviction Without Guilt

Case Brief

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Parties

Wenny Theresia

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Severity Appeal

Legal Issues

  1. 1 Whether section 10 discharge should be granted to appellant convicted for protest-related offence
  2. 2 Appropriate sentencing for offence arising from protest action involving unauthorised entry and disruption

Ratio Decidendi

The appellant, although found guilty, was not convicted because her motives were pure, she lacked full understanding of the consequences of conviction, and her character and circumstances warranted an opportunity to avoid a conviction under section 10.

Court Disposition

Appeal upheld; finding of guilt confirmed; conviction set aside; appellant discharged without conviction.

Orders

  • Appeal upheld.
  • Finding of guilt confirmed.