NSW Caselaw
New South Wales Supreme Court
CITATION : DPP (NSW) v Fordham; DPP (NSW) v Byrne [2010] NSWSC 958
HEARING DATE(S) : 19 August 2010
JUDGMENT DATE : 27 August 2010
JUDGMENT OF : Fullerton J
Orders 4 and 5 made on 20 July 2010 in DPP (NSW) v Fordham; Byrne; TCN Channel Nine Pty Ltd [2010] NSWSC 795 are amended and will now read as follows: DECISION : 4. In respect of the offence laid pursuant to s 6(1) of the Listening Devices Act that on 28 May 2008 Mr Fordham knowingly communicated a report of a private conversation, I find the offence proved but dismiss the summons as provided for in s 10(1)(a) of the Crimes (Sentencing Procedure) Act. 5. In respect of each of the four offences against Mr Byrne for breaches of s 5(1)(a) and s 6(1) of the Listening Devices Act, I find the offences proved but dismiss each summons as provided for in s 10(1)(a) of the Crimes (Sentencing Procedure) Act.
CATCHWORDS : SENTENCE - offences under the Listening Devices Act 1984 - sentencing discretion provided for in ss 10 and 10A of the Crimes (Sentencing Procedure) Act
Crimes Act 1900 LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999 Listening Devices Act 1984
CATEGORY : Sentence
DPP (NSW) v Fordham; Byrne; TCN Channel Nine Pty Ltd [2010] NSWSC 795 CASES CITED : Lawrence v NSW Police Service [2004] NSWSC 59; 144 A Crim R 396 R v Paris [2001] NSWCCA 83
Director of Public Prosecutions (NSW) PARTIES : Ben Thomas Fordham Andrew Byrne
FILE NUMBER(S) : SC 2009/11095; 2009/11097
COUNSEL : J Pickering B McClintock SC/H Dhanji
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