Regina v Alan Matthew McArdle [2017] NSWDC 239

District Court New South Wales

Medium Neutral Citation: Regina v Alan Matthew McArdle [2017] NSWDC 239 Hearing dates: 11 August 2017 Date of orders: 01 September 2017 Decision date: 01 September 2017 Jurisdiction: Criminal Before: Judge AC Scotting Decision: 1 The offender is convicted 2 The offender is sentenced to 2 years imprisonment. That sentence is suspended and the offender is to be released from custody on condition that he enters into a bond to be of good behaviour under section 12 Crimes (Sentencing Procedure) Act 1999 for a period of 2 years. The conditions are that the offender: (1) Is to be of good behaviour and appear before the Court of called on to do so; (2) Is to inform the Registrar of the District Court at the Downing Centre of any change of residential address; (3) accept the supervision and to obey the reasonable directions of the Community Corrections Service with regard to alcohol and other drug counselling and for treatment of his mental condition. That supervision is to continue for the length of the bond or for such shorter time as the Community Corrections Service deems necessary. Catchwords: CRIINAL LAW – offence - plea of guilty – sexual intercourse without consent SENTENCE – mitigating factors – aggravating factors – circumstances – objective seriousness – specific deterrence – general deterrence – appropriate penalty SENTENCE PRINCIPLES – parity – totality – community values – remorse – contrition – onerous penalty – extra curial punishment – youth of offender – prospects of rehabilitation – circumstances of the offence – available sentencing options – expression of guilt – exceptional case Legislation Cited: Crimes Act 1900 s.61I Crimes (Sentencing Procedure) Act 1999 ss.3, 3A, 5, 66, 76. 12, 21A(3)(e), 21A(3)(f), 21A(3)(g), 21A(3)(h), 21A(3)(i), 21A(3)(k), 21A(3)(m) Cases Cited: R v Thomson & Houlton (2000) 49 NSWLR 383 R v Borkowski (2009) 195 A Crim R 1 Palijan v R [2010] NSWCCA 142 R v Scognamiglio (1991) 56 A Crim R 81 R v Wright (1997) 93 A Crim R 48 and R v Lawrence [2005] NSWCCA 91 Dinsdale v R (2000) 202 CLR 321 R v Percy [1975] Tas SR 62 Wood v Samuels (1974) 8 SASR 465 R v Barlow [2008] NSWCCA 253 R v Zamagias [2002] NSWCCA 17 Bullock v R [2016] NSWCCA 131 R v May [1999] NSWCCA 40 Muldrock v R (2011) 244 CLR 120 Greenwodd v R [2014] NSWCCA 64 Sabapathy v R [2008] NSWCCA 82 Category: Sentence Parties: Regina (The Crown) Alan Mathew McArdle (Offender) Representation: Counsel: Mr M Gelbert (Offender)