NSW Caselaw
Reported Decision : 7 DCLR (NSW) 108
New South Wales District Court
CITATION: R v David Qin [2008] NSWDC 41
HEARING DATE(S): 10 -19 December 2007 - Trial, 7 March 2008
JUDGMENT DATE: 27 March 2008
JURISDICTION: Criminal
JUDGMENT OF: Goldring DCJ
DECISION: On Count 1 the offender is discharged on condition he enter a s9 bond to be of good behaviour for a period of 5 years. On Count 2 the offender is sentenced to 10 months imprisonment, but suspended for its term upon entering a s12 bond to be of good behaviour.
CATCHWORDS: Crminal law - Sentence - particular offences - indecent assault - sexual intercourse without consent - seriousness - Sentencing - effect of discharge under s10 Crimes (Sentencing Procedure) Act whether 'conviction' - effect of possibility of deportation - effect of limited capacity for English
LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 (NSW)
R v Markuleski [2001] NSWCCA 290 R v Slack [2004] NSWCCA 128 R v Arvind (unreported) NSWCCA 8 March 1996 R v Azzi [2004] NSWCCA 398 R v Price [2005] NSWCCA 285 CASES CITED: R v Frigiani [2007] NSWCCA 81 R v Shresthra (1991) 173 CLR 48 R v Mirzaee [2004] NSWCCA 315 R v Pastovsky (unreported) NSWCCA 28 June 1995 R v May [1999] NSWCCA 40 R v Dinsdale [2000] 202 CLR 321
PARTIES: The Crown David Qin
FILE NUMBER(S): 07/11/0576
COUNSEL: P. Aitken, solicitor advocate - Crown B. Murray - Offender
SOLICITORS: NSW DPP Hurlestone Park Legal
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