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. 4 I am told that attempts were made to have this matter placed before his Honour Judge Geraghty so that he could proceed to finally sentence the offender in the light of the new material which has become available since Judge Geraghty put the offender on the s 11 remand. However, the registry were less than helpful when Mr Elks who appears for the offender attempted to make those arrangements. Of course it should have gone before his Honour Judge Geraghty. Not only did he sentence the principal offender, but much more importantly it was he who decided to put this offender on the s 11 bond. 5 I will ask that these remarks on sentence are placed before the registry so that this does not happen again. When I was first alerted to this issue I did consider adjourning the matter so that his Honour could proceed to sentence the offender but this would work hardship towards the offender who deserves to know as soon as possible what her punishment would be. Accordingly I decided to deal with the matter myself. As it turns out the appropriate outcome is not a matter of controversy with both Mr Elks and the Crown agreeing on the sentence that should be imposed. 6 I received an updated presentence report today which shows that the offender completed the Cello Farm program late last year. She has continued to attend Narcotics Anonymous meetings and she receives assistance to remain drug free. The author of the presentence report says that the offender is committed to remaining drug free and considers that the Salvation Army saved her life through the treatment program which she attended. 7 At one stage she was living with her parents who support her, but is now living independently of them with her two and a half year old daughter on the Central Coast. 8 This is a case where the offender needs to be punished for what she did, a matter which she herself recognises. It is also the case where the offender has achieved, rather than just promised, a substantial measure of rehabilitation. She is to be congratulated for the attitude that she has taken, both towards her past and her future. 9 In the presentence report it appears that the offender considered it appropriate that she be given a community service order placed with the Salvation Army so that she could repay that organisation the debt that she considers she owes them. It is a matter of some fortune that I consider that that is the appropriate way of dealing with this matter, as do both Mr Elks and theCrown. 10 The offender is ordered to perform 300 hours community service. For the purpose of the administration of the order you are to report to the Wyong office of the Probation and Parole Service within seven days from today. I recommend that if possible you are placed with the Salvation Army in order to perform your community service with them. It is a condition of your community service that you undergo testing including regular urinalysis and that you do not use any form of illegal drugs during the period that the community service order remains in force. 11 Ms Moreira what I've just done is put you on a community service order. You have to perform the work that is directed of you and very importantly you have to remain drug free. You will be tested regularly in order to ensure that you are. If you are found to have used drugs, that will be a breach of the community service order and you can be brought back before me, not Judge Geraghty but me, and I will sentence you afresh for the crime you committed, you understand? 12 OFFENDER: Yeah. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.