SENTENCING s98 Crimes Act
On 4 February 2011 and continuing on 10 February 2011 Ms McIntosh appeared at a sentencing hearing in the District Court of New South Wales instructed by PETER CORNOCK & ASSOCIATES.
The Defendant had entered a plea of not guilty (on the third trial) to an Indictment on two charges. (s98 and s97(2) of the Crimes Act 1900 (NSW)).
s98 carries a STANDARD NON PAROLE PERIOD OF 7 YEARS and a maximum sentence of 25 years.
The result was well received by the Defence.
The Defendant was sentenced to a one year and five month non-parole period with a 4 year total term. Both sentences to be served concurrent. The Defendant was understandably relieved with the result and his large extended family (who were present in the courtroom) were also content.
Section 98 of the Crimes Act 1900 (NSW) is a very serious offence. It reads: Whosoever, being armed with an offensive weapon, or instrument, or being in company with another person, robs, or assaults with intent to rob, any person, and immediately before, or at the time of, or immediately after, such robbery, or assault, wounds, or inflicts grievous bodily harm upon, such person, shall be liable to imprisonment for 25 years.
To achieve such a good result for her client, Ms McIntosh showed the Court she had a good understanding of sentencing laws, how they apply and are interpreted along with a careful appreciation of the guidelines as set down by the Court of Criminal Appeal. Ms McIntosh highlighted with precision the mitigating factors for her client and how the Court ought apply those mitigating facts and then persuaded the Court to find special circumstances along with an acceptance that the offence was below the midpoint of objective seriousness for such an offence.
If you have a client who is facing sentencing and you require a barrister who KNOWS THE LAW, please give Ms McIntosh a call on (02) 9024 9540.