NSW Caselaw
New South Wales Supreme Court
CITATION : R v SG [2007] NSWSC 511
HEARING DATE(S) : 4 May 2007
JUDGMENT DATE : 18 May 2007
JUDGMENT OF : Johnson J at 1
EX TEMPORE JUDGMENT DATE : 18 May 2007
DECISION : Good behaviour bond for three years under s.9 Crimes (Sentencing Procedure) Act 1999
CATCHWORDS : SENTENCING - accessory after fact to assault occasioning actual bodily harm - plea of guilty - youthful offender
LEGISLATION CITED : Children (Criminal Proceedings) Act 1987 Crimes (Sentencing Procedure) Act 1999
R v KT [2007] NSWSC 83 R v WKR (1993) 32 NSWLR 447 CASES CITED : R v MSS [2005] NSWCCA 227 Weininger v The Queen [2003] 212 CLR 629 R v Thomson and Houlton (2000) 49 NSWLR 383
PARTIES : Regina (Crown) SG (Offender)
FILE NUMBER(S) : SC 2006/20775
COUNSEL : Mr TR Hoyle SC (Crown) Mr M Coroneos (Offender)
SOLICITORS : SC Kavanagh - Solicitor for Public Prosecutions (Crown)
LOWER COURT DATE OF DECISION : ---
LOWER COURT MEDIUM NEUTRAL CITATION : ---
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST
Johnson J
18 May 2007
2006/20775 Regina v SG
SENTENCE 1 JOHNSON J: The Offender, SG, appears for sentence with respect to an offence of being an accessory after the fact to assault occasioning actual bodily harm. The charge, to which the Offender has pleaded guilty, arises out of a tragic incident on 31 January 2006 in which another offender, KT, assaulted Kuol Agang. The Offender was present at the time of the assault by KT upon Mr Agang and he assisted KT to leave the scene by driving him away. 2 Mr Agang died as a result of head injuries sustained when falling to the ground after being struck heavily to the face by KT. KT pleaded guilty to the manslaughter of Mr Agang and has been sentenced to a term of imprisonment: R v KT [2007] NSWSC 83. 3 At the outset, it is important to stress that the present Offender has pleaded guilty to the offence of being an accessory after the fact to assault occasioning actual bodily harm. The maximum penalty for this offence is imprisonment for five years. The Offender is not to be sentenced for a homicide offence. In passing sentence upon SG, the Court must disregard the fact that Mr Agang died as a result of the injuries sustained by him.
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