Anarella Faye MCKELLAR v R [2009] NSWDC 428

New South Wales District Court

CITATION: Anarella Faye MCKELLAR v R [2009] NSWDC 428

JUDGMENT DATE: 2 February 2009

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: Refer to [31]-[35]

CATCHWORDS: CRIMINAL LAW - sentence appeals - larceny, goods in custody, common assault, obtaining a valuable thing by deception, breach of s 9 bond - submission that overall sentences do not reflect special circumstances - submission that the sentence of the magistrate was out of proportion with the criminality - substantial assistance - pleas of guilty

Crimes Act 1900 s 9, s 117, s 178BA(1) LEGISLATION CITED: Crimes (Appeal and Review) Act 2001 s 20(2) Crimes (Sentencing Procedure) Act 1999 s 5

PARTIES: Anarella Faye McKellar Regina

FILE NUMBER(S): 2008/18186

SOLICITORS: Ms Robinson for Ms McKellar Mr Monaro for the Director of Public Prosecutions

JUDGMENT

1. Anarella Faye McKellar's life has been seriously out of control. It has been out of control it seems since she started to associate with a man named Keith Cubby. She has made a serious commitment to getting her life back into control.

2. These sentence appeals raise the issue of structuring appropriate sentences which take into account the crimes which Ms McKellar has committed, but which also take into account her efforts at getting her life back into order.

3. When a person is sentenced by a Magistrate in the Local Court, they are entitled to appeal to the District Court against the severity of the sentence. When the District Court Judge hears the appeal, the District Court Judge can take fresh evidence. The District Court Judge re-sentences the offender according to what the District Court Judge thinks is the appropriate sentence.