R v Reid [2016] NSWCCA 151

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Reid [2016] NSWCCA 151 Hearing dates: 22 July 2016 Date of orders: 04 August 2016 Decision date: 04 August 2016 Before: Hoeben CJ at CL at [1] R A Hulme J at [56] N Adams J at [57] Decision: Crown appeal under s 5D dismissed. Catchwords: CRIMINAL LAW – Crown appeal against sentence – doing an act with intent to pervert the course of justice – participating in the preparation of a false alibi and statement – s 9 bond imposed – whether sentence manifestly inadequate – Crown case consisting mainly of telephone intercepts – respondent an active participant in offence – respondent gave evidence in sentence proceedings – strong subjective case – sentence manifestly inadequate – residual discretion – custodial sentence would seriously interfere with respondent's rehabilitation – Crown appeal dismissed. Legislation Cited: Crimes Act 1900 (NSW) – s 319 Crimes (Sentencing Procedure) Act 1999 (NSW) – ss 5(1), 9, 21A(2) Criminal Appeal Act 1912 (NSW) – s 5D Cases Cited: CMB v Attorney General for NSW [2015] HCA 9; 89 ALJR 407 Khoury v R [2011] NSWCCA 118 Marinellis v Regina [2006] NSWCCA 307 R v Fahda [2013] NSWCCA 86 Regina v Giang [2001] NSWCCA 276 Category: Principal judgment Parties: Regina – Applicant Crown Aaron Joseph Reid - Respondent Representation: Counsel: Mr P Ingram – Applicant Crown Mr S Healy - Respondent