R v Donald [2021] NSWDC 246

District Court New South Wales

Medium Neutral Citation: R v Donald [2021] NSWDC 246 Hearing dates: 28 May 2021 31 May 2021 1 June 2021 2 June 2021 Date of orders: 4 June 2021 Decision date: 04 June 2021 Jurisdiction: Criminal Before: Coleman SC DCJ Decision: I make orders as follows: 1. The offender, Stanley Barclay Donald, is convicted of Count 1 (Sequence 4) on the indictment (12.2) dated 27 May 2021, being the offence of using a carriage service in a manner which was menacing, harassing or offensive. 2. The offender, Stanley Barclay Donald, is sentenced to a term of imprisonment for a period of 10 months commencing on 1 September 2020. That sentence will expire on 30 June 2021. 3. In accordance with s 20(1)(b) of the Crimes Act 1914 (Cth), I set a pre‑release period of 6 months imprisonment. 4. Having regard to the time already served in custody of 9 months and 2 days, I order the immediate release of the offender on his own recognizance, with a security of $200 but without surety, on the condition that he be of good behaviour for a period of 12 months from the date of these orders, namely until 3 June 2022. 5. I order that the Exhibits be returned to the parties forthwith and in Court. Catchwords: Criminal Law – Criminal Code Act 1995 (Cth) s 474.17(1) – Use Carriage Service in a way that a Reasonable Person would regard as Menacing, Harassing or Offensive – Sentencing – General Sentencing Principles Legislation Cited: Crimes Act 1914 (Cth), ss 16A, 16E, 17A, 19AC, 20(1)(b) Criminal Code Act 1995 (Cth), s 474.17(1) Cases Cited: Assafiri v R [2007] NSWCCA 159 R v Hastings & Frederickson (No 1) [2015] NSWDC 114 Xiao v R [2018] NSWCCA 2 Category: Sentence Parties: Regina (Crown)