Swan, Wayne v D.P.P [2008] NSWDC 139

New South Wales District Court

CITATION: Swan, Wayne v D.P.P [2008] NSWDC 139

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Granted section 11 bail on conditions

CATCHWORDS: Criminal Law - Severity Appeal from Local court sentences - 10 matters - domestic violence in indigenous community - deterrence acheived by victims reporting domestic violence - alcohol as contributing factor to violence - nature of injuries - alcohol linked to other offending behaviour - 12 months bail to afford opportunity to demonstrate capacity to rehabilitate - progress reporting to court required.

LEGISLATION CITED: s11 of the Crimes (Sentencing Procedure) Act 1999

PARTIES: Wayne Swan Director of Public Prosecutions

FILE NUMBER(S): 2008/00011993

SOLICITORS: Crown: Mr R Raey Defence: Ms K Biffin

JUDGMENT 1. On seven occasions between 1 March 2008 and 19 July 2008 this appellant committed 11 offences for which the Local Court imposed penalties. One of them was a fine in respect of drive with minimum range PCA on 1 March 2008. The appellant has withdrawn that appeal. The others are all offences for which he received suspended sentences ranging between 20 months on one hand and four months on the other.

2. The appellant appeals against all of those sentences and that leaves now, with the one withdrawn, ten appeals outstanding. Included among the facts before me in respect of one offence is the following: "In the early hours of Tuesday 6 March police were patrolling the streets around East Moree when they observed a woman well affected by alcohol walking along the streets exhibiting obvious injuries and obvious signs of distress. Police now know this woman to be the victim in this matter. She was in fact the victim of an offence at the hands of her partner. The victim refused to tell police what had happened and how she became injured. She requested police give her a lift to a residence known to police in Moree. Police conveyed her to the requested address. She told police that she would ring them in the morning if she wished to advise police of the incident."