R v Smith, Hookey and Dates [2009] NSWDC 215

New South Wales District Court

CITATION: R v Smith, Hookey and Dates [2009] NSWDC 215

HEARING DATE(S): 08/04/2009

JUDGMENT DATE: 23 June 2009

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

Leigh Smith: Escape Lawful Custody - sentenced to imprisonment 12 months Non parole period 3 months DECISION: Darren Hookey: Escape lawful custody - sentenced to 11 months 1 week imprisonment - non parole period 3 months Steven Dates: Escape lawful custody - sentenced to 12 months imprisonment - non parole period 3 months. His Honour recommends to the Department of Corrective Services that each offender be housed at prison closer to family

CATCHWORDS: Criminal Law - Sentence - Escape Lawful Custody - Minimum security prison - short period at large - lower level of criminality - clouded rehabilitation prospects for each offender - drug abusers - housed in prison remote from families.

LEGISLATION CITED:

R v Cuthbert (1967) 2 NSWR 329 CASES CITED: R v Rushby (1977) NSWLR 597 R v Hayes [1984] 1 NSWLR 740

Regina PARTIES: Leigh Wallace Smith Darren Hookey Steven Dates

FILE NUMBER(S): 2009/00003680; 2009/00003670

SOLICITORS: Crown: Mr J May ODPP - Dubbo Defence: M/s S Carr - Aboriginal Legal Service.

Crown Appeal Dismissed:

JUDGMENT 1. Yetta Dhinnakkal is a correctional facility located 65 kilometres from a small north-western township of Brewarrina. Set on about 10,000 hectares it has no security fence. Young prisoners, frequently first time prisoners, usually Aborigines, are the main source of inmates. Prison routine is generally abandoned for a more therapeutic type of custody geared towards learning skills ranging from literacy, driving knowledge tests to driving farm equipment, fencing and the like.