R v Darren Linney [2012] NSWSC 1564

Supreme Court New South Wales

Medium Neutral Citation: R v Darren Linney [2012] NSWSC 1564 Hearing dates: 10 December 2012 Decision date: 14 December 2012 Before: Bellew J Decision: 1. For the offence pursuant to s326(1) of the Crimes Act 1900 the offender is convicted. 2. I find special circumstances pursuant to s44(2) of the Crimes (Sentencing Procedure) Act. 3. The offender is sentenced to a non-parole period of 2 years and 5 months imprisonment, commencing on 4 May 2012 and ending on 3 October 2014, with an additional period of 1 year and 4 months imprisonment, commencing on 4 October 2014 and ending on 3 February 2016. 4. The total term is one of 3 years and 9 months imprisonment. 5. The offender will be eligible for release on parole on 4 October 2014 and his sentence will expire on 3 February 2016. 6. I record the fact that but for the plea of guilty, the total term would have been one of 5 years imprisonment. Catchwords: CRIMINAL LAW - offence of threatening judicial officer - threats of death - objective seriousness of the offending - where offender serving sentence of imprisonment in a different state to his family - need for general and specific deterrence - whether requirement for general deterrence reduced on account of the offender's mental state - full time custodial sentence the only alternative having regard to the nature of the offending - whether special circumstances Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Cases Cited: Director of Public Prosecutions (Cth) v Gregory [2011] VSCA 145 Lobsey v R [2012] NSWCCA 239 R v Chaaroui (CCA (NSW) 4 November 1994) R v Dodd (1991) 57 A Crim R 349 R v Edwards (1996) 90 A Crim R 510 R v Gaudry; R v McDonald [2010] NSWCCA 70 R v GWM [2012] NSWCCA 240 R v Jacques [2002] NSWCCA 444 R v Kaliti [2001] NSWCCA 268; (2001) 34 MVR 160 R v Matthews [2004] NSWCCA 112 R v Schaffer [2005] NSWCCA 193 R v Sharrouf [2009] NSWSC 1002 R v Thomson; R v Houlton (2000) 49 NSWLR R v Zamagias [2002] NSWCCA 17 T v R (1990) 47 A Crim R 29 Category: Sentence Parties: Regina Darren Linney - Offender Representation: L Lungo - Crown G Heathcote - Offender Director of Public Prosecutions NSW - Crown Proctor and Associates - Offender File Number(s): 2012/124787 Publication restriction: Nil