Regina v Alan Belford Jones and Harbour Radio Pty Ltd [2008] NSWDC 34

Reported Decision : 6 DCLR (NSW) 362

New South Wales District Court

CITATION: Regina v Alan Belford Jones and Harbour Radio Pty Ltd [2008] NSWDC 34 This decision has been amended. Please see the end of the judgment for a list of the amendments.

JUDGMENT DATE: 27 March 2008

JUDGMENT OF: Finnane QC DCJ

In the appeal of Alan Belford Jones: I uphold the appeal. DECISION: I confirm the finding of guilt made by the learned magistrate, but pursuant to sec 10(1)(a) of the Crimes (Sentencing Procedure) Act, 1999, without proceeding to conviction I direct that the charge against Alan Belford Jones be dismissed. In the appeal of Sydney Harbour Radio: I uphold the appeal. I confirm the finding of guilt made by the learned magistrate, but pursuant to sec 10(1)(a) of the Crimes (Sentencing Procedure) Act, 1999, without proceeding to conviction I direct that the charge against Sydney Harbour Radio Pty Ltd be dismissed.

CATCHWORDS: criminal law - sentence - previous blameless record of appellent - contempt - generaldeterrence - specific deterrence - good character of appellant - determination of appropriate sentence in lieu of imprisonment - retribution - appropriateness of sec 10 dismissal

LEGISLATION CITED: ss. 9, 10 (1) (a) Crimes (Sentencing Procedure) Act 1999

CASES CITED: R v Paris [2001] NSWCCA 83

Regina PARTIES: Alan Belford Jones Harbour Radio Pty Ltd

FILE NUMBER(S): 07/12/0534; 07/12/0533

COUNSEL: Ms N Mikhail for Alan Belford Jones and Harbour Radio P/L

SOLICITORS: Ms M Carey for NSW DPP Mr J Howard of Banki Haddock Fiora for Alan Belford Jones and Harbour Radio P/L