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District Court 23 June 2010

GREENSITT, Sarah Leigh v R

[2010] NSWDC 314

Assault & violencePublic order & justice offences
CRIMINAL LAW SENTENCE APPEAL ASSAULT POLICE OFFICER OFFENSIVE CONDUCT IN PUBLIC PLACE DAMAGE DESTROY PROPERTY OFFENCE COMMITTED WHILE ON BAIL

Citation: GREENSITT, Sarah Leigh v R [2010] NSWDC 314
Court: District Court of New South Wales
Date: 23 June 2010
Judge(s): Cogswell SC DCJ

Background

The appellant, a 23-year-old Aboriginal woman, appealed to the District Court against a series of custodial sentences imposed by a Lithgow Local Court Magistrate on 25 March 2010. The Magistrate had sentenced her to a series of gaol terms, the longest being twelve months with non-parole periods of four months.

The offending arose from two separate series of incidents. In November 2009, the appellant engaged in deeply offensive and physically harmful conduct directed at two police officers, including throwing faeces at them and smearing faeces inside a police vehicle. She was released on bail following that incident. In December 2009, while on bail, she assaulted a person at a private residence and then, on Christmas Eve, spat on a police officer and used offensive language in a public place in front of bystanders.

The District Court conducted a de novo re-sentencing, hearing fresh evidence including oral testimony from the appellant and an updated pre-sentence report from a Probation and Parole officer.

  • Whether the sentences imposed by the Magistrate were appropriate, on a de novo re-sentencing by the District Court
  • What weight to give evidence of rehabilitation, pregnancy, family support, and reduced alcohol and drug use
  • Whether a non-custodial sentencing option remained available given the nature of the offending, the prior criminal record, and the offences having been committed while on bail
  • Whether bail should be granted pending the preparation of a further pre-sentence report

Decision

The District Court acknowledged the gravity of the offending at the outset. The court emphasised the need to understand the seriousness of each offence before turning to questions of rehabilitation, noting the particularly serious nature of the assaults on police officers, including the use of faeces as a weapon.

The court considered the appellant's poor prior criminal record, including prior convictions for assaulting police, resisting arrest, and property damage, as well as a history of breaching suspended sentences and failing to complete periodic detention. These matters weighed against her significantly. The commission of further offences while on bail added to the seriousness of the overall picture.

Despite these adverse factors, the court also weighed evidence of recent, meaningful progress. The updated pre-sentence report indicated the appellant had been reporting regularly to Probation and Parole, was attending an anger management program, and her family confirmed a considerable stabilisation in her lifestyle through reduced alcohol and drug use. She was also pregnant with her third child, due in August.

Rather than proceeding to sentence on the day, the court adjourned to allow preparation of a further pre-sentence report and indicated that, if the appellant demonstrated genuine and sustained rehabilitation, a suspended sentence remained a real possibility. Bail was granted to facilitate that process, with conditions requiring compliance with Probation and Parole supervision, attendance at counselling, and reporting obligations.

Orders Made

  • Bail granted to the appellant pursuant to s 11 of the Bail Act 1978, subject to conditions including:
  • Reporting to Probation and Parole at Lithgow on or before 5:00 pm on 25 June 2010
  • Notifying both the court registry and Probation and Parole of any change of address
  • Compliance with Probation and Parole supervision in areas including alcohol counselling, anger management, accommodation, pro-social associations, and random urinalysis
  • Matter adjourned for a further pre-sentence report, returnable 11 November 2010

Key Takeaways

  • On a sentence appeal from the Local Court to the District Court, the District Court conducts a full re-sentencing hearing, forming its own view of the appropriate sentence and receiving fresh evidence, including updated pre-sentence reports and oral testimony.
  • Offences committed while on bail constitute a significant aggravating factor in sentencing, and the District Court treated this feature as a weighty consideration in assessing the overall criminality.
  • A history of breached suspended sentences and incomplete periodic detention does not automatically foreclose the possibility of a non-custodial outcome, but it requires substantial countervailing evidence of genuine rehabilitation before a court will entertain that option again.
  • An updated pre-sentence report confirming regular compliance with supervision, participation in targeted programs, and corroborated lifestyle changes can influence a sentencing court's willingness to adjourn for further assessment rather than proceed immediately to a custodial term.
  • Where the sentencing court adjourns for a further report, the terms of any bail granted and the conditions attached to it reflect the court's assessment of what ongoing supervision and support are appropriate in the interim.

Legislation and Cases Referenced

Legislation:
- Bail Act 1978 (NSW), s 11
- Crimes Act 1900 (NSW), ss 28, 58, 61, 195(1)(a)
- Crimes (Sentencing Procedure) Act 1999 (NSW), ss 9, 11
- Summary Offences Act 1988 (NSW), s 4(1)

Cases cited: No cases were cited in the provided judgment text.