R v Heaven [2020] NSWDC 347

R v Heaven [2020] NSWDC 347

The offender agreed to accept a benefit intending to procure the acquittal of a person of a serious indictable offence in circumstances meeting the mid-range of objective seriousness. Despite subjective matters raised, including medical condition and lack of reflection, those factors do not substantially reduce moral culpability. A sentence reflecting both specific and general deterrence is required due to the nature of the offence and the offender's criminal history. The Form 1 larceny offence, though less serious, aggravates sentence due to commission while on parole.

Parties
Prosecution: Regina; Accused: Christopher Heaven
Jurisdiction
Australia
Judgment Date
03 April 2020
Procedural Posture
Criminal / Sentence
Outcome
Convicted and sentenced to imprisonment
Legal Topics
Perverting the Course of Justice, Witness Accepting a Benefit, Larceny, Sentencing, Deterrence, Objective Seriousness
Criminal Law Perverting the Course of Justice Witness Accepting a Benefit Larceny Sentencing Deterrence Objective Seriousness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Regina

Prosecution

Christopher Heaven

Accused

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for witness agreeing to accept a benefit to procure the acquittal of a person of a serious indictable offence?
  2. 2 Should a Form 1 larceny offence be taken into account in sentencing?
  3. 3 Assessment of objective and subjective seriousness?

Ratio Decidendi

The offender agreed to accept a benefit intending to procure the acquittal of a person of a serious indictable offence in circumstances meeting the mid-range of objective seriousness. Despite subjective matters raised, including medical condition and lack of reflection, those factors do not substantially reduce moral culpability. A sentence reflecting both specific and general deterrence is required due to the nature of the offence and the offender's criminal history. The Form 1 larceny offence, though less serious, aggravates sentence due to commission while on parole.

Court Disposition

Convicted and sentenced to imprisonment

Orders

  • Convicted of offence of witness agree to accept benefit to procure acquittal of a person of a serious indictable offence contrary to s 321(2)(a)/324 of the Crimes Act 1900
  • Form 1 matter of larceny taken into account