Regina v Whitmore [2003] NSWSC 710

New South Wales Supreme Court

CITATION : Regina v Whitmore [2003] NSWSC 710 HEARING DATE(S) : 04/08/03 JUDGMENT DATE : 5 August 2003

JUDGMENT OF : Whealy J at 1 DECISION : Sentenced to a term of 18 months imprisonment. Set a non-parole period of 11 months which is to be taken to have commenced on 5 June 2003 and is to expire on 4 May 2004. Direct that the offender be released on parole on 4 May 2004. That day is the earliest day on which the offender will become entitled to be released from custody. Recommend that the conditions of parole are to include conditions as to supervision and that as part of the supervision the offender be required to accept the direction of Probation & Parole Service in relation to receiving continued psychological counselling including anger management. Further that he be directed and counselled as to his involvement in gambling during any period of parole, if such counselling be available at that time.

CATCHWORDS : Plea of guilty to assault occasioning actual bodily harm while in the company of other persons LEGISLATION CITED : Crimes Act 1990 (NSW) Crimes (Sentencing Procedure) Act 1999 CASES CITED : Pearce v R (1998) 194 CLR 610 Regina v Gallagher (1991) 23 NSWLR 220 at 228 and 230 PARTIES : Regina v Michael John Whitmore FILE NUMBER(S) : SC 70105/02 COUNSEL : Ms L. Wells - Crown Mr K. Gilson - Offender SOLICITORS : NSW Director of Public Prosecutions D.H. Cohen & Co

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST

WHEALY J

TUESDAY 5 August 2003

70105/02 - REGINA v Michael John WHITMORE