R v ELLIS, Craig Martin [2017] NSWDC 318

District Court New South Wales

Medium Neutral Citation: R v ELLIS, Craig Martin [2017] NSWDC 318 Hearing dates: 13 and 20 October 2017 Date of orders: 20 October 2017 Decision date: 20 October 2017 Jurisdiction: Criminal Before: Judge S Norrish QC Decision: Full-time custodial sentence. For orders see [83]. Catchwords: CRIMINAL – SENTENCE – two counts of misleading a judicial tribunal – one count relating to the Local Court of NSW and one count relating to the District Court of NSW – offences committed while the General Manager of the Shelley Beach Golf Club – no prior criminal offences – on two separate occasions intentionally concealed CCTV footage requested by police in relation to the prosecution and later civil proceedings launched by a patron who had previously been on the club premises – breach of trust not an aggravating factor – significance of mental health conditions that emerged after the offences – 'extra-curial' punishment – strong family support system – minimal discount for utilitarian benefit of plea of guilty on first offence – full discount for second offence – totality of sentence – special circumstances. Legislation Cited: Crimes Act 1900 (NSW) Liquor Act 2007 (NSW) Crimes (Sentencing and Procedure) Act 1999 (NSW) Cases Cited: DPP (Cth) v De La Rosa [2010] NSWCCA 194 Einfeld v Regina [2010] NSWCCA 87 Iskander v R [2013] NSWCCA 235 Kearsley v Regina [2017] NSWCCA 28 Marinellis v Regina [2006] NSWCCA 307 Pearce v The Queen (1998) 194 CLR 610 Phanekham [2015] NSWCCA 295 R v Allpass (1993) 72 A Crim R 561 R v Engert (1995) 84 A Crim R 67 R v Hammoud [2000] NSWCCA 540 R v Malicki [2015] NSWCCA 162 R v Thompson and Houlton (2000) 49 NSWLR 383 Regina v Daetz [2003] NSWCCA 216 Regina v Giang [2001] NSWCCA 276 R v Rivkin [2003] NSWSC 447 R v Rivkin [2004] NSWCCA 7 Category: Sentence Parties: Regina (Crown) Craig Martin Ellis (Offender) Representation: Counsel: Mr P Barrett (Crown) Mr T Watts (Counsel) File Number(s): 2015/00341249 Publication restriction: Nil