NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Xavier [2023] NSWDC 528 Hearing dates: 17 November 2023 Date of orders: 29 November 2023 Decision date: 29 November 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: 1 Garry Xavier is convicted. 2 The offender is sentenced to a fixed term of imprisonment of 4 months to date from 21 December 2020 and to expire on 21 April 2021. Catchwords: CRIME — Public justice offences — Conceal serious indictable offence Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Commonwealth Places (Application of Laws) Act 1970 (Cth) Cases Cited: Mok v Director of Public Prosecutions (NSW) [2015] NSWCA 98 R v Borkowski (2009) 195 A Crim R 1 R v Olbrich (1999) 199 CLR 270 R v Potter [2001] NSWCCA 441 R v Thomson and Houlton (2000) 49 NSWLR 383 Category: Sentence Parties: Rex (Crown) Garry Xavier (Offender) Representation: Counsel: P Lange (Offender)
Solicitors: Office of the Director of Public Prosecutions (Crown) Hanna Legal (Offender) File Number(s): 2020/362148 Publication restriction: None
JUDGMENT
Introduction 1. Gary Xavier (the offender) appears for sentence after pleading in the District Court to an offence of conceal serious indictable offence, contrary to s 316(1), Crimes Act 1900. 2. The maximum penalty for the offence is 5 years imprisonment.
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