Regina v Loretta Stubbs [2009] NSWDC 225

New South Wales District Court

CITATION: Regina v Loretta Stubbs [2009] NSWDC 225

JUDGMENT DATE: 3 April 2009

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: Non-parole period of 13 months. Balance of term of 11 months.

CATCHWORDS: CRIMINAL LAW - sentence - doing an act with intent to influence a witness - plea of guilty - offence committed while on s 9 bond - objectively serious offence

LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 s 9, s 11, s 44, s 50 Crimes Act 1900 s 323(a)

CASES CITED: R v Burton [2008] NSWCCA 128

PARTIES: Regina Loretta Stubbs

FILE NUMBER(S): 2008/17547001

COUNSEL: Mr McCallum (def)

SOLICITORS: Director of Public Prosecutions

JUDGMENT

1. Loretta Stubbs came before me for sentence on 6 February 2009 at Dubbo. On that day I adjourned her sentence proceedings to 20 March 2009. I made that adjournment under s 11 of the Crimes (Sentencing Procedure) Act 1999. I had found her guilty of an offence and I granted her bail under the Bail Act 1978. Conditions of bail included her entering into a drug rehabilitation centre.

2. Regrettably Ms Stubbs breached her bail and is now to be sentenced by me. I heard submissions from Mr McCallum who appeared for Ms Stubbs and from Ms White who appeared for the prosecution on 20 March 2009 about the sentence which I should impose.

3. The offence that I am sentencing Ms Stubbs for is doing an act with intent to influence a witness. That is a crime against s 323(a) of the Crimes Act 1900 and carries a maximum of seven years imprisonment. Ms Stubbs pleaded guilty to that charge. It is important to briefly refer to the circumstances in which she committed that offence.