Director of Public Prosecutions v Hetman [2012] NSWLC 8

Director of Public Prosecutions v Hetman [2012] NSWLC 8

Although the objective seriousness of giving false evidence before ICAC required a sentence of imprisonment, the offender's early guilty plea, limited assistance to authorities, remorse, rehabilitation and the unexplained delay of over 4 years justified suspending the execution of the 8 month sentence rather than requiring full time custody.

Jurisdiction
Australia
Judgment Date
25 September 2012
Procedural Posture
Criminal Sentencing for Giving False Evidence Before the Independent Commission Against Corruption / Sentence Following Guilty Plea
Outcome
The offender was convicted and sentenced to 8 months imprisonment, with execution of the sentence suspended on condition that he enter a good behaviour bond for 8 months.
Legal Topics
['giving False Evidence at ICAC Hearing' 'delay in Commencing Proceedings' 'guilty Plea Discount' 'assistance to Authorities' 'rehabilitation' 'suspended Sentence' 'form 1 Offences']
['criminal Law' 'sentencing'] ['giving False Evidence at ICAC Hearing' 'delay in Commencing Proceedings' 'guilty Plea Discount' 'assistance to Authorities' 'rehabilitation' 'suspended Sentence' 'form 1 Offences']

Case Brief

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Procedural Posture

Criminal Sentencing for Giving False Evidence Before the Independent Commission Against Corruption / Sentence Following Guilty Plea

Legal Issues

  1. 1 ['What sentence was appropriate for giving false evidence before the Independent Commission Against Corruption.' "How the offender's early guilty plea, assistance to authorities, prior good character, remorse and rehabilitation should affect sentence." 'How the unexplained delay of over 4 years in bringing proceedings should affect the manner in which the sentence was to be served.' 'How 4 additional offences on a Form 1 pursuant to section 32 of the Crimes (Sentencing Procedure) Act 1999 should be taken into account.']

Ratio Decidendi

Although the objective seriousness of giving false evidence before ICAC required a sentence of imprisonment, the offender's early guilty plea, limited assistance to authorities, remorse, rehabilitation and the unexplained delay of over 4 years justified suspending the execution of the 8 month sentence rather than requiring full time custody.

Court Disposition

The offender was convicted and sentenced to 8 months imprisonment, with execution of the sentence suspended on condition that he enter a good behaviour bond for 8 months.

Orders

  • ['The offender is convicted.' 'The offender is sentenced to imprisonment for 8 months.' 'Pursuant to section 12 of the Crimes (Sentencing Procedure) Act 1999, execution of the sentence is suspended conditionally upon the offender entering a bond to be of good behaviour for 8 months from 25 September 2012 and to...