R v Michael Jason COX; R v Sharon Patricia LUCAS [2011] NSWDC 58

R v Michael Jason COX; R v Sharon Patricia LUCAS [2011] NSWDC 58

Police officers Cox and Lucas, by agreeing with colleagues to fabricate a justification for the unlawful entry and search of a suspect's premises and creating false documentary evidence to mislead a judicial tribunal, committed objectively serious offences that struck at the heart of the administration of justice. Their positions as police, the seriousness of the misconduct, and the need for general deterrence warranted custodial sentences. However, applying parity principles with their co-offenders, the penalties were suspended and substituted with good behaviour bonds, in light of their previous good character, remorse, and prospects of rehabilitation.

Jurisdiction
Australia
Judgment Date
20 May 2011
Procedural Posture
Criminal / Sentencing
Outcome
Conviction; suspended sentences upon good behaviour bonds
Legal Topics
['fabrication of Evidence' 'police Misconduct' 'corrupt Conduct by Police' 'sentencing' 'neglect of Duty']
['criminal Law'] ['fabrication of Evidence' 'police Misconduct' 'corrupt Conduct by Police' 'sentencing' 'neglect of Duty']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for police officers who fabricate false evidence with intent to mislead a judicial tribunal?' 'How should the court weigh aggravating and mitigating circumstances for police officers convicted of corruption-related offences?' 'What is the objective seriousness of police fabricating evidence and neglect of duty?']

Ratio Decidendi

Police officers Cox and Lucas, by agreeing with colleagues to fabricate a justification for the unlawful entry and search of a suspect's premises and creating false documentary evidence to mislead a judicial tribunal, committed objectively serious offences that struck at the heart of the administration of justice. Their positions as police, the seriousness of the misconduct, and the need for general deterrence warranted custodial sentences. However, applying parity principles with their co-offenders, the penalties were suspended and substituted with good behaviour bonds, in light of their previous good character, remorse, and prospects of rehabilitation.

Court Disposition

Conviction; suspended sentences upon good behaviour bonds

Orders

  • ['Michael Jason Cox convicted and sentenced to two years imprisonment, suspended on entering a good behaviour bond for two years.' 'Sharon Patricia Lucas convicted and sentenced to eighteen months imprisonment, suspended on entering a good behaviour bond for eighteen months.']