R v Kristine Weston [2012] NSWSC 1498

Supreme Court New South Wales

Medium Neutral Citation: R v Kristine Weston [2012] NSWSC 1498 Hearing dates: 10 August 2012; 29 November 2012 Decision date: 07 December 2012 Before: Bellew J Decision: 1. The offender is convicted of the offence under s315(1)(b) of the Crimes Act 1900. 2. The offender is sentenced to a fixed term of imprisonment of 12 months commencing on 7 December 2012 and ending on 6 December 2013. 3. Pursuant to s12(1)(a) of the Crimes (Sentencing Procedure) Act I order that the whole of that sentence be suspended. 4. Pursuant to s. 12(1)(b) of the Crimes (Sentencing Procedure) Act I order that the offender be released from custody on the condition that she enter into a bond to be of good behaviour for a period of 12 months. 5. The good behaviour bond will be subject to the following conditions: (i) the offender is to report to the Officer in Charge of the Probation and Parole service at Casino by 4.00 pm on Monday 10 December 2012; (ii) the offender is to thereafter accept, for the duration of the bond, the supervision and guidance of the Probation and Parole Service, and is to obey any reasonable direction of any officer of that service. (iii) the offender is to continue treatment by her General Practitioner, Dr Aldo Castanga, and is to obey any reasonable direction of Dr Castanga with respect to such treatment. 6. I dismiss the charge under s316 of the Crimes Act 1900 contained in the certificate issued under s166 of the Criminal Procedure Act 1986 which was tendered before me. Catchwords: CRIMINAL LAW - sentence - providing false information with intent to hinder the apprehension of an accused person wanted by the police for murder - objective seriousness of offence - where offending on the spur of the moment and over a short period of time - whether offender's mental state rendered her an inappropriate vehicle for general deterrence - need to maintain integrity of the administration of justice - custodial sentence appropriate - whether sentence should be suspended Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Cases Cited: Aoun v R [2007] NSWCCA 292 R v Derbas [2003] NSWCCA 44 R v Edwards (1996) 90 A Crim R 510 R v Elfar [2003] NSWCCA 358 R v El-Zeyat [2002] NSWCCA 138 R v Mobbs [2005] NSWCCA 371 R v Palmer [2005] NSWCCA 349 R v Qutami [2001] NSWCCA 353 R v Sharrouf [2009] NSWSC 1002 R v Zamagias [2002] NSWCCA 17 Category: Sentence Parties: Regina - Crown