R v Powers; R v Day [2020] NSWDC 574

District Court New South Wales

Medium Neutral Citation: R v Powers; R v Day [2020] NSWDC 574 Hearing dates: 24 July 2020 Decision date: 24 July 2020 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Maddison Maureen Day - Sentenced to a term of imprisonment of 1 year 10 months. Non parole period of 6 months Holy Powers - Sentenced to a term of imprisonment of 1 year 1 month 13 days. Non parole period of 3 months 13 days Catchwords: CRIME - Hinder apprehension person who committed serious offence – murder SENTENCING – Relevant factors on sentencing – offenders motivated by love and loyalty - didn't want to dog – assessment of objective seriousness - police warnings ignored - drug use - duress - vulnerability to manipulation – first gaol term - progress toward rehabilitation – quasi custody - strong pro-social supports - intensive correction in the community considered – full time custody required - time served sufficient Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Lindsay v R [2012] NSWCCA 124 Mobbs v R [2005] NSWCCA 371 R v Derbas [2003] NSWCCA 44 R v King [2018] NSWSC 643 R v Simpson [2001] NSWCCA 534; 53 NSWLR 704 Tiknius v R (2011) 221A Crim R 365 Category: Sentence Parties: Maddison Maureen Day (the offender) Holy Powers (the offender) Director of Public Prosecutions Representation: Counsel: Mr S Fraser, Public Defender (for the offender Powers) Mr C Todd, Crown Prosecutor