R v MOREIRA [2007] NSWDC 35

New South Wales District Court

CITATION: R v MOREIRA [2007] NSWDC 35

HEARING DATE(S): 8 March 2007

JUDGMENT DATE: 8 March 2007

EX TEMPORE JUDGMENT DATE : 8 March 2007

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: Ordered to perform 300 hours of community service

CATCHWORDS: Criminal law - Sentence - Accessory after the fact - Attempted armed robbery

PARTIES: Crown Jacqueline Moreira

FILE NUMBER(S): 06/11/0508

SOLICITORS: NSW DPP Gregory P Elks Solicitor

SENTENCE

1 HIS HONOUR: Jacqueline Moreira appears for sentence today after having been committed for sentence on a charge of being an accessory after the fact to an attempted armed robbery.

2 The offender and her then partner went to a florist's shop. Unbeknownst to the offender her partner intended to rob the florist when he went inside. Whilst there he presented a pair of scissors to the proprietor. She not unnaturally became frightened and called out to her husband, who was also working in the shop. When the victim's husband came from the rear of the shop the offender's partner ran away. As he was leaving the shop it became apparent to the offender that he had done something wrong. It was her action in then attempting to assist him by driving away from the area which forms the basis of the present charge. In fact the offender was unable to start her car, although she tried for sometime, and eventually both she and her partner ran away. The offender later returned to her car after calling the NRMA.

3 The attempted armed robbery was a serious offence involving the presentation of a weapon, although that offender gave up as soon as he was confronted by the victim's husband. He received from his Honour Judge Geraghty, a sentence consisting of a non-parole period of twelve months with a head sentence of two and a half years. When the present offender appeared before his Honour he remanded her on a s 11 bond, conditional on the offender residing at a treatment program run by the Salvation Army. His Honour apparently did this because of material suggesting that the offender appreciated a link between her offending and her drug addiction and because the offender was in the middle of obtaining treatment and counselling for her drug addiction. I say his Honour apparently did this because no remarks on sentence have been placed before me.