NSW Caselaw
Local Court New South Wales
Medium Neutral Citation: Police v Kevin Francis Barlow (No 2) [2011] NSWLC 20 Hearing dates: 01/07/2011 Decision date: 01 July 2011 Jurisdiction: Criminal Before: Lerve LCM Decision: In respect of sequences 2 and 4 the offender is convicted. In respect of Sequence 2 (count relating to fire on 12 May 2010) consequent upon that conviction: The offender is released on a Bond pursuant to section 9 of the Crimes (Sentencing Procedure) Act 1999 for a period of thirty months. Such bond is conditioned: * He be of good behaviour; * He appear for sentence in respect of any breach within that period; * For the period of the bond or such shorter period as might be deemed appropriate, he is to accept the supervision and guidance of the Probation and Parole Service; and * Notify this Court of any change of address. In respect of Sequence 4 (count relating to fire of 14 June 2010) the offender is: Sentenced to a non-parole period of 18 months from 13 May 2011, which will expire on 12 November 2012. Thereafter I specify a Balance of Term of 6 months to date from 13 November 2012 and expire on 12 May 2013. Catchwords: CRIMINAL LAW - arson - damage by fire - general and specific deterrence - full time custodial sentence appropriate Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Han v R [2009] NSWCCA 300 Hili & Jones v The Queen [2010] HCA 45 Porter v R [2008] NSWCCA 145 R v Carroll [2008] NSWCCA 218 R v Doan (2000) 50 NSWLR 115 R v Dodd (1991) 57 A Crim R 349 R v Fidow [2004] NSWCCA 172 R v Majors (1991) 27 NSWLR 624 R v Mazur (2000) 131 A Crim R 67 R v Olive [2006] NSWCCA 329 R v Perrone (1989) 43 A Crim R 366 R v Ryan (2003) 141 A Crim R 403 R v Williams [2011] NSWSC 583 R v Zamagias [2002] NSWCCA 17 Texts Cited: NSW Judicial Commission Sentencing Bench Book Category: Sentence Parties: Police Kevin Francis Barlow (the offender) Representation: Mr T Quilter, for the offender Sgt P Keane, Police Prosecutor File Number(s): 2010/00350391
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