R v Thomas [2017] NSWSC 1542

Supreme Court New South Wales

Medium Neutral Citation: R v Thomas [2017] NSWSC 1542 Hearing dates: 10 November 2017 Date of orders: 17 November 2017 Decision date: 17 November 2017 Before: Harrison J Decision: (1) Joshua Paul Thomas, for the offence of hinder the investigation of a serious indictable offence, contrary to s 315(1)(a) of the Crimes Act 1900, you are convicted. (2) Pursuant to s 10A of the Crimes (Sentencing Procedure) Act, 1999 I specifically dispose of these proceedings without the imposition of any other penalty. (3) Grant Joshua Paul Thomas a certificate pursuant to s 2 of the Costs in Criminal Cases Act 1967 specifying in accordance with s 3 of the Act: (a) that if the prosecution had, before the proceedings were instituted, been in possession of evidence of all the relevant facts, it would not have been reasonable to institute the proceedings, and (b) that any act or omission of Joshua Paul Thomas that contributed, or might have contributed, to the institution or continuation of the proceedings was reasonable in the circumstances. Legislation Cited: Costs in Criminal Cases Act 1967 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Cases Cited: Allerton v Director of Public Prosecutions (NSW) (1991) 24 NSWLR 550; (1991) 53 A Crim R 33 JC v Director of Public Prosecutions (NSW) [2014] NSWCA 228 Mordaunt v DPP (2007) 171 A Crim R 510; [2007] NSWCA 121 R v Mauger [2012] NSWCCA 51 Solomons v District Court (NSW) (2002) 211 CLR 119 Category: Sentence Parties: Regina (Crown) Joshua Paul Thomas (Offender) Representation: Counsel: L Lungo (Crown) B Walmsley QC (Offender)