Regina v JAQUES [2002] NSWCCA 444

New South Wales Court of Criminal Appeal

CITATION : Regina v JAQUES [2002] NSWCCA 444 FILE NUMBER(S) : CCA 60061/02 HEARING DATE(S) : 11/11/02 JUDGMENT DATE : 11 November 2002

PARTIES : Regina Shane Horace Jaques JUDGMENT OF : Wood CJ at CL at 1; Dowd J at 2; Bell J at 15

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 01/71/0106 LOWER COURT JUDICIAL Woods DCJ OFFICER :

COUNSEL : E W Kelly and N Nelson (Applicant) W G Dawe QC (Crown) SOLICITORS : L. David Lock (Applicant) S E O'Connor (Crown) CATCHWORDS : Sentence appeal - conviction of threatening reprisal against judicial officer - undue weight to previous record - circumstances of offence not severe. LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 CASES CITED: Dinsdale v R (2000) 175 ALR 315 Regina v Blackman [2001] NSWCCA 121 DECISION : Leave to appeal granted; appeal allowed; sentenced to 12 months periodic detention commencing from acceptance.

IN THE COURT OF CRIMINAL APPEAL 60061/02

WOOD CJ at CL DOWD J BELL J

Monday 11 November 2002 REGINA v SHANE HORACE JACQUES Judgment

1 WOOD CJ AT CL: Subject to the procedural matters being satisfactorily resolved, I agree with the observations of Dowd J and the sentence imposed.

2 DOWD J: This is an application for leave to appeal against a sentence imposed by Woods AJ on the applicant after a finding of guilty by a jury to a defence of threatening reprisal against a judicial officer contrary to s326(1)(b) of the Crimes Act 1900 ("the Act"). A sentence of two years was imposed commencing on 13 February 2002, expiring on 12 February 2004, with a non-parole period of one year to commence on that same date. Bail had been granted on that day until the day of sentencing and has been granted pending this appeal.