R v Peter Frederick Clark [2001] NSWSC 656

R v Peter Frederick Clark [2001] NSWSC 656

Because the prisoner intentionally made allegations to Judge Christie with the intention of preventing him from hearing the prisoner's matter, the offence was very serious and required a sentence of imprisonment for deterrence and proportionality; however, the prisoner's contrition, medical and psychiatric evidence, family circumstances, generally good character, rehabilitation prospects, and suitability for periodic detention justified imposing a fixed term of periodic detention rather than full-time custody.

Jurisdiction
Australia
Judgment Date
25 June 2001
Procedural Posture
Criminal Sentencing for Doing an Act With Intent to Pervert the Course of Justice Contrary to S319 of the Crimes Act 1900 / Remarks on Sentence After Jury Verdict of Guilty
Outcome
The prisoner was convicted and sentenced to 12 months periodic detention.
Legal Topics
['perverting the Course of Justice' 'periodic Detention' 'proportionality' 'general Deterrence' 'specific Deterrence']
['criminal Law' 'sentencing'] ['perverting the Course of Justice' 'periodic Detention' 'proportionality' 'general Deterrence' 'specific Deterrence']

Case Brief

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Procedural Posture

Criminal Sentencing for Doing an Act With Intent to Pervert the Course of Justice Contrary to S319 of the Crimes Act 1900 / Remarks on Sentence After Jury Verdict of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for doing an act with intent to pervert the course of justice contrary to s319 of the Crimes Act 1900.' 'Whether alternatives to imprisonment were appropriate under s5 of the Crimes (Sentencing Procedure) Act 1999.' "Whether periodic detention was an appropriate form of imprisonment in light of the seriousness of the offence and the prisoner's subjective circumstances."]

Ratio Decidendi

Because the prisoner intentionally made allegations to Judge Christie with the intention of preventing him from hearing the prisoner's matter, the offence was very serious and required a sentence of imprisonment for deterrence and proportionality; however, the prisoner's contrition, medical and psychiatric evidence, family circumstances, generally good character, rehabilitation prospects, and suitability for periodic detention justified imposing a fixed term of periodic detention rather than full-time custody.

Court Disposition

The prisoner was convicted and sentenced to 12 months periodic detention.

Orders

  • ['The prisoner is convicted and sentenced to a period of twelve months periodic detention.' 'The sentence is to be served at the Tomago Periodic Detention Centre, to commence on 13 July 2001 and to conclude on Friday 12 July 2002.']