R v Macquarie (a pseudonym) [2019] NSWDC 763

R v Macquarie (a pseudonym) [2019] NSWDC 763

A term of imprisonment of 3 years with a non-parole period of 18 months is appropriate, taking into account the offender's early guilty plea (full 25% discount), lack of significant prior criminal history, and exceptional subjective circumstances including significant psychological conditions warranting a finding of special circumstances to reduce the non-parole period.

Jurisdiction
Australia
Judgment Date
29 July 2019
Procedural Posture
Criminal / Sentencing
Outcome
Offender sentenced to a term of imprisonment of 3 years with a non-parole period of 18 months.
Legal Topics
['perverting the Course of Justice' 'sentencing' 'intimidation of Witnesses']
['criminal Law'] ['perverting the Course of Justice' 'sentencing' 'intimidation of Witnesses']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for doing an act with the intention of perverting the course of justice under s 319 of the Crimes Act 1900 (NSW)?' "How do the offender's psychological conditions and other subjective circumstances affect the sentence?"]

Ratio Decidendi

A term of imprisonment of 3 years with a non-parole period of 18 months is appropriate, taking into account the offender's early guilty plea (full 25% discount), lack of significant prior criminal history, and exceptional subjective circumstances including significant psychological conditions warranting a finding of special circumstances to reduce the non-parole period.

Court Disposition

Offender sentenced to a term of imprisonment of 3 years with a non-parole period of 18 months.

Orders

  • ['Term of imprisonment of 3 years from 29 July 2019.' 'Non-parole period of 1 year and 6 months expiring 28 January 2021.' 'Balance on parole of 1 year and 6 months from 29 January 2021 to 28 January 2022.']