R v Farrell [2019] NSWDC 835

District Court New South Wales

Medium Neutral Citation: R v Farrell [2019] NSWDC 835 Hearing dates: 3 October 2019 Decision date: 10 October 2019 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. Special circumstances found to take into account total time in custody since 5 July 2017. Indicative sentences of imprisonment: 005 + Form 1 (2017/00203515 004): 2 years & 4 months 006: 2 years & 6 months Aggregate sentence: Sentenced to a term of imprisonment for 3 years, comprising a NPP of 1 year & 6 months to commence on 2/9/19 and to expire on 1/3/21, and a balance of term of 1 year and 6 months to commence on 2/3/21 and to expire on 1/9/22. Catchwords: CRIMINAL – Sentence - cause detriment to potential witnesses – Form 1 - contravening a prohibition/restriction in a domestic violence order – offender in custody while offences were being committed at his direction – publication on Instagram account of material relating to and identifying police informer – effect on victims, police and community – subjective matters Legislation Cited: Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Bugmy v The Queen [2013] HCA 37 Callaghan v The Queen (2006) 160 A Crim R 145 Hutchen v The Queen [2015] NSWCCA 101 R v Fernando (1992) 76 A Crim R 58 Category: Sentence Parties: Regina Farrell, Lance Representation: Counsel: Offender: Mr S Howell Solicitors: Crown: Ms J Jayasuriya, Mr N Morrissey Offender: Mr C Cole File Number(s): 2019/00011617 Publication restriction: NPO in respect of the names of the victims