R v Cottrell [2010] NSWDC 213

R v Cottrell [2010] NSWDC 213

Although the offender had no prior convictions, was of excellent character, had very low risk of re-offending and excellent prospects of rehabilitation, the offences were serious offences against justice committed by an experienced law enforcement officer for his own benefit and by influencing subordinate or less experienced officers. Full-time imprisonment was required. The total criminality was best reflected by separate sentences with partial accumulation, with special circumstances found because of partial accumulation and the need for an extended period of supervision after custody.

Jurisdiction
Australia
Judgment Date
08 September 2010
Procedural Posture
Criminal Sentence / Sentencing After Jury Convictions on Five Offences
Outcome
Offender convicted and sentenced to an effective total sentence of two years imprisonment with a non-parole period of 12 months; eligible for release to parole on 7 September 2011.
Legal Topics
['act With Intent to Pervert the Course of Justice' 'subornation of Perjury' 'false Statements by Witnesses' 'offending by Law Enforcement Officer' 'totality and Partial Accumulation' 'special Circumstances']
['crime' 'sentencing'] ['act With Intent to Pervert the Course of Justice' 'subornation of Perjury' 'false Statements by Witnesses' 'offending by Law Enforcement Officer' 'totality and Partial Accumulation' 'special Circumstances']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Sentence / Sentencing After Jury Convictions on Five Offences

Legal Issues

  1. 1 ['What sentences should be imposed for three offences contrary to s 391 Crimes Act 1900 and two offences contrary to s 333(1) Crimes Act 1900.' "Whether the offending warranted custodial sentences despite the offender's lack of prior convictions, excellent character, low risk of re-offending and good prospects of rehabilitation." 'How the totality of the criminality should be reflected across five related offences, including whether sentences should be partially accumulated.' 'Whether special circumstances justified adjustment of the relationship between the non-parole periods and balances of sentence.']

Ratio Decidendi

Although the offender had no prior convictions, was of excellent character, had very low risk of re-offending and excellent prospects of rehabilitation, the offences were serious offences against justice committed by an experienced law enforcement officer for his own benefit and by influencing subordinate or less experienced officers. Full-time imprisonment was required. The total criminality was best reflected by separate sentences with partial accumulation, with special circumstances found because of partial accumulation and the need for an extended period of supervision after custody.

Court Disposition

Offender convicted and sentenced to an effective total sentence of two years imprisonment with a non-parole period of 12 months; eligible for release to parole on 7 September 2011.

Orders

  • ['Count 4: Convicted and sentenced to 9 months imprisonment commencing 8 September 2010 and expiring 7 June 2011; no non-parole period fixed.' 'Count 5: Convicted and sentenced to 12 months imprisonment commencing 8 September 2010 and expiring 7 September 2011; no non-parole period fixed.' 'Count 3: Convicted and...