Federal Court of Australia
SUPREME COURT OF NORFOLK ISLAND
The Queen v Hooper [2019] NFSC 1 File number: SCC 2 of 2018
Judge: WIGNEY J
Date of judgment: 5 December 2018
Catchwords: CRIMINAL LAW – where accused pleaded guilty to one count of committing the offence of being an accessory after the fact contrary to s 340 of the Criminal Code 2007 (NI) – consideration of the objective seriousness of the offence – consideration of the subjective circumstances of the offender – consideration of any relevant mitigating circumstances CRIMINAL LAW – sentencing – Norfolk Island sentencing law – consideration of the purposes for imposing a sentence on an offender pursuant to s 5(1) of the Sentencing Act 2007 (NI) – consideration to s 5(2) of the Sentencing Act 2007 (NI) – mitigating circumstances – delay – whether delay is a mitigating factor – where delay was not caused by the offender – where the offender was convicted but released on a bond without security pursuant to s 13 of the Sentencing Act 2007 (NI) – where bond is subject to conditions including good behaviour and supervision by Community Corrections
Legislation: Criminal Code 2007 (NI) ss 259, 340 Interpretation Act 1979 (NI) s 12A Sentencing Act 2007 (NI) ss 5, 5(1), 5(2), 13
Cases cited: R v Melrose [2016] QCA 202 Scook v R (2008) 185 A Crim R 164
Date of hearing: 5 December 2018
Registry: Norfolk Island
Category: Catchwords
Number of paragraphs: 52
Solicitor for the Prosecutor: Mr W S Ferguson of Commonwealth Director of Public Prosecutions
Solicitor for the Defendant: Mr J Brown of McIntyres
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