R v Black [2007] NSWDC 234

R v Black [2007] NSWDC 234

The offence was objectively serious because attempting to influence a Crown witness not to give evidence was a direct attack on the criminal justice system, making specific and general deterrence significant and stern punishment necessary. Although the offender's earliest guilty plea, youth, disturbed background, prospects of rehabilitation and special circumstances affected the sentence and totality, no penalty other than imprisonment was appropriate.

Jurisdiction
Australia
Judgment Date
27 September 2007
Procedural Posture
Criminal Sentence for Doing an Act Intending to Influence a Person to Be Called as a Witness in Judicial Proceedings So as to Not Give Evidence / Sentence Following Plea of Guilty
Outcome
Convicted and sentenced to a non-parole period of 3 years with an additional term of 2 years imprisonment.
Legal Topics
['influencing a Witness' 'administration of Justice' 'imprisonment' 'deterrence' 'guilty Plea Discount' 'totality' 'special Circumstances']
['criminal Law' 'sentencing'] ['influencing a Witness' 'administration of Justice' 'imprisonment' 'deterrence' 'guilty Plea Discount' 'totality' 'special Circumstances']

Case Brief

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Procedural Posture

Criminal Sentence for Doing an Act Intending to Influence a Person to Be Called as a Witness in Judicial Proceedings So as to Not Give Evidence / Sentence Following Plea of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for doing an act intending to influence a person to be called as a witness in judicial proceedings so as to not give evidence.' 'Whether the objective seriousness of the offence required imprisonment.' "How the offender's guilty plea, youth, disturbed background, prospects of rehabilitation, substance abuse history and existing sentences affected the sentence and totality."]

Ratio Decidendi

The offence was objectively serious because attempting to influence a Crown witness not to give evidence was a direct attack on the criminal justice system, making specific and general deterrence significant and stern punishment necessary. Although the offender's earliest guilty plea, youth, disturbed background, prospects of rehabilitation and special circumstances affected the sentence and totality, no penalty other than imprisonment was appropriate.

Court Disposition

Convicted and sentenced to a non-parole period of 3 years with an additional term of 2 years imprisonment.

Orders

  • ['Michael Stephen Black is convicted of the offence.' 'The offender is sentenced to a non-parole period of three years to date from 6 January 2008 and to expire on 5 January 2011.' 'The offender is sentenced to an additional term of two years to expire on 5 January 2013.']