R v ELLIS, Craig Martin [2017] NSWDC 318

R v ELLIS, Craig Martin [2017] NSWDC 318

Full-time custodial sentences are imposed for offences contrary to s317(a) Crimes Act 1900 (NSW) where an intentional suppression or concealment of evidence in judicial proceedings occurred. Key mitigating factors included the offender's lack of prior convictions, strong family support, remorse for the second offence, and mental health issues arising after the offences. Aggravating factors were not attributed to breach of trust or planning. The totality principle required partial accumulation of sentences. Extra-curial punishment and special circumstances were considered. For count 1, a 5% discount applied for utilitarian benefit; for count 2, a 25% discount for early plea. Mental health...

Jurisdiction
Australia
Judgment Date
20 October 2017
Procedural Posture
Criminal / Sentencing
Outcome
Offender convicted and sentenced to full-time custody.
Legal Topics
['sentencing' 'misleading a Judicial Tribunal' 'suppression or Concealment of Evidence' 'extra Curial Punishment' 'mental Health in Sentencing' 'totality of Sentence' 'special Circumstances' 'discount for Plea of Guilty']
['criminal Law'] ['sentencing' 'misleading a Judicial Tribunal' 'suppression or Concealment of Evidence' 'extra Curial Punishment' 'mental Health in Sentencing' 'totality of Sentence' 'special Circumstances' 'discount for Plea of Guilty']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for offences of misleading a judicial tribunal under s317(a) Crimes Act 1900 (NSW)' 'Consideration of mental health conditions in sentencing' 'Relevance of extra-curial punishment' 'Discounts for utilitarian benefit of plea of guilty' 'Totality with multiple offences' 'Aggravating and mitigating factors in sentencing']

Ratio Decidendi

Full-time custodial sentences are imposed for offences contrary to s317(a) Crimes Act 1900 (NSW) where an intentional suppression or concealment of evidence in judicial proceedings occurred. Key mitigating factors included the offender's lack of prior convictions, strong family support, remorse for the second offence, and mental health issues arising after the offences. Aggravating factors were not attributed to breach of trust or planning. The totality principle required partial accumulation of sentences. Extra-curial punishment and special circumstances were considered. For count 1, a 5% discount applied for utilitarian benefit; for count 2, a 25% discount for early plea. Mental health...

Court Disposition

Offender convicted and sentenced to full-time custody.

Orders

  • ['For count 1, offender convicted and sentenced to 9 months 2 weeks imprisonment, commencing 20 October 2017, expiring 3 August 2018, with 5% discount for plea.' 'For count 2, offender convicted and sentenced to 6 months imprisonment as non-parole period commencing 20 February 2018, expiring 19 August 2018, with...