GREENSITT, Sarah Leigh v R [2010] NSWDC 314

New South Wales District Court

CITATION: GREENSITT, Sarah Leigh v R [2010] NSWDC 314

JUDGMENT DATE: 23 June 2010

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: I grant Ms Greensit bail pursuant to s 11 Bail Act 1978.

CATCHWORDS: CRIMINAL LAW - sentence appeal - assault police officer - offensive conduct in public place - damage/destroy property - offence committed while on bail - pre-sentence report - poor prior criminal history - past addiction to drugs - plea of guilty

Bail Act, 1978 s 11 LEGISLATION CITED: Crimes Act 1900 s 28, 61, 195(1)(a) Crimes (Sentencing Procedure) Act 1999 s 9, s 11 Summary Offences Act 1988 4(1)

PARTIES: Regina Sarah Leigh Greensitt

FILE NUMBER(S): 2009/330925; 2009/327481; 2009/258569

SOLICITORS: Mr Modder for the ODPP Ms Pettet for Ms Greensitt

JUDGMENT

1. Sarah Greensitt appeals from sentences imposed on her by a Magistrate sitting at the Lithgow Local Court on 25 March 2010.

2. The Magistrate sentenced Ms Greensitt to a series of gaol terms. The longest was for twelve months and the non-parole periods, where there were ones, were four months.

3. The Magistrate was sentencing Ms Greensitt for a series of assaults which she committed over several days. Ms Greensitt has appealed from the prison sentences which were imposed by the Magistrate.

4. When someone appeals from the Magistrates Court against sentences they appeal to the District Court as Ms Greensitt has done. The District Court judge then makes up his or her own mind as to what the appropriate sentences are. The judge may take into account fresh evidence and in this case Ms Pettett, who appears for Ms Greensitt, has called her client to give evidence as well as another witness. In addition there is an up-to-date pre-sentence report.