NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Podesta v R [2009] NSWCCA 97
HEARING DATE(S): 23 March 2009
JUDGMENT DATE: 8 April 2009
JUDGMENT OF: McClellan CJatCL at 1; Buddin J at 25; Rothman J at 26
1. Application for leave to appeal granted. DECISION: 2. Appeal in relation to the sentence for the offence of concealing a serious indictable offence contrary to s 316 of the Crimes Act is upheld and the sentence quashed. The applicant is sentenced to fixed term of 12 months imprisonment commencing 18 December 2007 and expiring on 17 December 2008. 3. Otherwise the appeal is dismissed.
CATCHWORDS: CRIMINAL LAW - appeal against sentence - particular offences - conceal serious indictable offence - pervert the course of justice - protection of family member as relevant consideration
LEGISLATION CITED: Crimes Act 1900
CATEGORY: Principal judgment
Nguyen (2004) NSWCCA 332; 149 A Crim R 343 CASES CITED : R v Mitchell and Gallager [2007] 11 A Crim R 94 Veen v The Queen [No 2] (1987-1988) 164 CLR 465
PARTIES: Cathryn Lehane Podesta (Applicant) The Crown
FILE NUMBER(S): CCA 2007/14436
COUNSEL: M Johnston (Applicant) J Dwyer (Crown)
SOLICITORS: Brenda Duchen Solicitor (Applicant) Director of Public Prosecutions (Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 07/21/3346
LOWER COURT JUDICIAL OFFICER: English DCJ
LOWER COURT DATE OF DECISION: 24 April 2008
IN THE COURT OF CRIMINAL APPEAL 2007/14436
McCLELLAN CJ at CL BUDDIN J ROTHMAN J
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