R v Whittall [2020] NSWDC 146

District Court New South Wales

Medium Neutral Citation: R v Whittall [2020] NSWDC 146 Hearing dates: 24 April 2020 Decision date: 24 April 2020 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Full time custodial order to be served by way of an intensive correctional order: For orders see [30] Catchwords: SENTENCE – Intimidation - sentence after trial

SENTENCE - relevant factors on sentence - fact finding - offender in company - offender armed – giving full effect to acquittal on more serious count - doubt as to nature of weapon - enforcement of drug crime debt - disadvantaged background – limited criminal record - on bail – possibility of Local Court disposition considered - community safety best served by Intensive Correction Order. Legislation Cited: Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Drug Misuse and trafficking Act 1985 Cases Cited: Fangaloka v R [2019] NSWCCA 173 Karout v R [2019] NSWCCA 253 McCullough v R (2009) 194 A Crim R 439 Olbrich v The Queen (1999) 199 CLR 270 Pullen v R [2018] NSW CCA 26 Zreika v R [2012] NSWCCA 44 Category: Sentence Parties: Chaise Whittall (the offender) Director of Public Prosecutions Representation: Counsel: Mr A Metcalfe (for the offender) Mr D Coulton, Solicitor Advocate (for Director of Public Prosecutions)