NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Smith [2020] NSWDC 459 Hearing dates: 13 July 2020 Date of orders: 13 July 2020 Decision date: 13 July 2020 Jurisdiction: Criminal Before: M L Williams SC DCJ Decision: A term of imprisonment of three years, six months with a non-parole period of two years, five months: at [37]. Catchwords: SENTENCING — Aggravating factors — Breach of conditional liberty SENTENCING — Mitigating factors — Rehabilitation SENTENCING — Penalties — Imprisonment SENTENCING — Relevant factors on sentence — Maximum penalty — Objective seriousness —Purposes of sentencing — Victim impact statement SENTENCING — Subjective considerations on sentence — Bail pending sentence — Intoxication — Special circumstances Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Cordeiro v The Queen [2019] NSWCCA 308 Day v The Queen [2017] NSWCCA 192 Jeffreys v The Queen [2015] NSWCCA 132 R v Thomas [2007] NSWCCA 269 R v Tonari [2014] NSWCCA 232 Texts Cited: Nil Category: Sentence Parties: Regina (Crown)
Tama Smith (Offender) Representation: Ms N Keay (Crown Prosecutor)
Mr P Winch (Counsel for the Offender) File Number(s): 2019/542 Publication restriction: STATUTORY NON-PUBLICATION APPLIES Section 578A Crimes Act 1900 (any matter that may identify the complainant(s))
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