R v Beltrame [2009] NSWSC 252

R v Beltrame [2009] NSWSC 252

Offender sentenced for forgery and act to persuade witness to give false evidence, with partial cumulation and recognition of distinct criminality and mitigating factors; psychiatric reports provided context but not mitigation. Special circumstances warranted departure from statutory nexus between non-parole period and total sentence.

Jurisdiction
Australia
Judgment Date
03 April 2009
Procedural Posture
Criminal / Sentencing
Outcome
Convicted on forgery and act with intent to persuade witness to give false evidence; sentenced to terms of imprisonment.
Legal Topics
['forgery' 'suborning False Evidence' 'sentencing']
['criminal Law'] ['forgery' 'suborning False Evidence' 'sentencing']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for forgery' 'Appropriate sentence for act with intent to persuade witness to give false evidence' 'Partial accumulation of sentences']

Ratio Decidendi

Offender sentenced for forgery and act to persuade witness to give false evidence, with partial cumulation and recognition of distinct criminality and mitigating factors; psychiatric reports provided context but not mitigation. Special circumstances warranted departure from statutory nexus between non-parole period and total sentence.

Court Disposition

Convicted on forgery and act with intent to persuade witness to give false evidence; sentenced to terms of imprisonment.

Orders

  • ['Fixed term of imprisonment of one year for act with intent to persuade witness to give false evidence, commencing 8 February 2007 and expiring 7 February 2008.' 'Imprisonment for forgery with a non-parole period of two years and four months commencing 8 August 2007 and expiring 7 December 2009, with additional...