R v Patison [2002] NSWSC 1248

R v Patison [2002] NSWSC 1248

The prisoner's persistent and organised police corruption over almost a year, committed while serving as a Detective Senior Constable, was a grave breach of trust that brought the Police Force into disrepute and required sentences reflecting retribution, community condemnation and strong general deterrence. Allowing an overall discount of about 30% for early guilty pleas, assistance to authorities and genuine contrition, and applying totality through concurrency and partial accumulation, the appropriate aggregate sentence was 7 years imprisonment with non-parole periods totalling 5 years.

Jurisdiction
Australia
Judgment Date
20 December 2002
Procedural Posture
Criminal Sentencing / Sentence After Guilty Pleas
Outcome
The prisoner was sentenced to aggregate imprisonment of 7 years with non-parole periods totalling 5 years; the earliest date for release on parole was 9 December 2007.
Legal Topics
['police Corruption' 'bribery' 'perverting the Course of Justice' 'supply of Prohibited Drugs' 'form 1 Offences' 'totality' 'special Circumstances' 'general Deterrence']
['criminal Law' 'sentencing'] ['police Corruption' 'bribery' 'perverting the Course of Justice' 'supply of Prohibited Drugs' 'form 1 Offences' 'totality' 'special Circumstances' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Guilty Pleas

Legal Issues

  1. 1 ['What sentences should be imposed for multiple offences involving police corruption, acts intended to pervert the course of justice, soliciting corrupt rewards, soliciting bribes and supplying prohibited drugs.' "How the sentencing court should reflect the prisoner's early guilty pleas, assistance to authorities, contrition and the onerousness of imprisonment as a former police officer." 'How to apply totality and concurrency across multiple counts and whether special circumstances justified a reduction in the non-parole periods.']

Ratio Decidendi

The prisoner's persistent and organised police corruption over almost a year, committed while serving as a Detective Senior Constable, was a grave breach of trust that brought the Police Force into disrepute and required sentences reflecting retribution, community condemnation and strong general deterrence. Allowing an overall discount of about 30% for early guilty pleas, assistance to authorities and genuine contrition, and applying totality through concurrency and partial accumulation, the appropriate aggregate sentence was 7 years imprisonment with non-parole periods totalling 5 years.

Court Disposition

The prisoner was sentenced to aggregate imprisonment of 7 years with non-parole periods totalling 5 years; the earliest date for release on parole was 9 December 2007.

Orders

  • ['Count 2: imprisonment for a fixed term of 3 years commencing 10 December 2002 and expiring 9 December 2005.' 'Count 3: imprisonment for a fixed term of 3 years commencing 10 December 2002 and expiring 9 December 2005.' 'Count 4: imprisonment for 4 years commencing 10 December 2002 and expiring 9 December 2006,...