McEvoy, Michelle v D.P.P [2009] NSWDC 385

New South Wales District Court

CITATION: McEvoy, Michelle v D.P.P [2009] NSWDC 385

EX TEMPORE JUDGMENT DATE : 14 September 2009

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Convicted. Pursuant to Section 11 Crimes (Sentencing Procedure) Act 1999 bail granted. Dates for reporting rehabilitation progress to court set. Proceedings adjourned for bail period.

CATCHWORDS: Criminal law - Local Court sentence severity appeal - drive with intent to menace - mid-range of seriousness - pursuit over several kilometres - intencded collision with victim's vehicle - child in appellant's car - relationship between parties - past offending conduct - serious cannabis abuse issues - appeal against 8 months imprisonment - s.11 Crimes (Sentencing Procedure) Act bail

LEGISLATION CITED: Crimes (Sentencing Procedure) Act

PARTIES: Michelle McEvoy Director of Public Prosecution

FILE NUMBER(S): 2009/131783

SOLICITORS: Crown: Ms Pawliw Defence: Ms Cashmen

JUDGMENT 1. Michelle McEvoy appeals against the sentence imposed by Magistrate Brown, I think it was at the Blacktown Local Court, on 14 August last. On that occasion she had pleaded guilty to drive with intent to menace. He had the offence occurring on 1 November 2008. The learned magistrate imprisoned her for eight months with a non-parole period of four months. She was disqualified for a period of three years from 14 August to expire on 13 August.

2. The background to the offence would appear to be available from the evidence of Belinda Hill, a neighbour, who gives evidence of having observed the appellant with the victim, one Russell Owen. Russell Owen is on her evidence a fifty nine year old married man with children with that partner and has been in some type of liaison with Michelle McEvoy to the extent that the appellant describes him to police as an ex partner. They have one four year old child, Liam McEvoy. The couple are not living together but she, as I understand it, is living in a house owned by the victim and paying rent to him.