NSW Police v Scott John Seward [2017] NSWLC 16

Local Court New South Wales

Medium Neutral Citation: NSW Police v Scott John Seward [2017] NSWLC 16 Hearing dates: 4 July 2017 Decision date: 13 July 2017 Jurisdiction: Criminal Before: Deputy Chief Magistrate Christopher O'Brien Decision: Re Sequence 1- I find the offence proved but deem it inexpedient to inflict any punishment. The charge will be dismissed pursuant to the provisions of section 10(1)(b) of the Crimes (Sentencing Procedure) Act conditional on the defendant entering into a bond to be of good behaviour for a period of 2 years.

Re Sequence 2 – Taken into account on a Form 1 Catchwords: CRIMINAL LAW – sentence – dishonestly obtaining financial advantage by deception – assessment of objective seriousness – victim organisations role in offending – assistance to authorities – voluntary disclosure of guilt – treatment by media as extra curial punishment – disposition without recording a conviction. Legislation Cited: Crimes (Sentencing Procedure) Act 1999 ss 3A, 10, 10A, 21A, 23 Crimes Act 1900 ss 192E(1)(b), 192G(b) Cases Cited: AB v The Queen (1999) 198 CLR 111 Cobiac v Liddy (1969) 119 CLR 257 Hoffenberg v The District Court of New South Wales [2010] NSWCA 142 Panetta v R [2016] NSWCCA 85 R v Cartwright (1989) 17 NSWLR 243 R v Ellis (1986) NSWLR 603 R v Ingrassia (1997) 41 NSWLR 447 R v Mauger [2012] NSWCCA 51 R v Wran [2016] NSWSC 1015 Category: Sentence Parties: NSW Police (prosecution) Scott John Seward (the defendant) Representation: Sergeant Sala (police prosecutor, NSW Police)