R v Fletcher R v Brookes [2010] NSWDC 208

R v Fletcher R v Brookes [2010] NSWDC 208

The fabricated evidence related to a collateral issue and did not contribute to a wrongful conviction, but the offending struck at the heart of the administration of justice and was aggravated by the offenders’ positions as police officers. Having regard to the seriousness of the offense, need for deterrence, mitigating subjective circumstances, remorse, and the discount for guilty pleas, the appropriate sentence was a term of imprisonment suspended pursuant to s 12 of the Crimes (Sentencing Procedure) Act 1999, conditioned on a good behaviour bond.

Jurisdiction
Australia
Judgment Date
16 April 2010
Procedural Posture
Criminal / Sentencing
Outcome
Both accused convicted and sentenced to imprisonment, with execution of sentence suspended on condition of entering into good behaviour bonds for the sentence period.
Legal Topics
['sentencing' 'fabrication of Evidence' 'police Misconduct' 'administration of Justice']
['criminal Law'] ['sentencing' 'fabrication of Evidence' 'police Misconduct' 'administration of Justice']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for police officers convicted of fabricating false evidence under s 317(b) Crimes Act 1900' 'Whether subjective circumstances justify departure from immediate custodial sentence' 'Assessment of criminality and objective seriousness in context of offense by police officers']

Ratio Decidendi

The fabricated evidence related to a collateral issue and did not contribute to a wrongful conviction, but the offending struck at the heart of the administration of justice and was aggravated by the offenders’ positions as police officers. Having regard to the seriousness of the offense, need for deterrence, mitigating subjective circumstances, remorse, and the discount for guilty pleas, the appropriate sentence was a term of imprisonment suspended pursuant to s 12 of the Crimes (Sentencing Procedure) Act 1999, conditioned on a good behaviour bond.

Court Disposition

Both accused convicted and sentenced to imprisonment, with execution of sentence suspended on condition of entering into good behaviour bonds for the sentence period.

Orders

  • ["P R Fletcher: Convicted and sentenced to 1 year and 6 months' imprisonment, sentence suspended for the term pursuant to s 12 Crimes (Sentencing Procedure) Act 1999, released on condition of entering into a good behaviour bond for the term of the sentence with required supervision and conditions as specified." "A J...