R v Jasper [2003] NSWSC 287

R v Jasper [2003] NSWSC 287

The offender engaged in a sustained course of corrupt acts as a police officer, including perverting the course of justice, accepting bribes, and facilitating criminal activity, for personal gain and contrary to police obligations. Sentence was determined based on the seriousness of the offending, the principle of parity with a co-offender (Patison), the offender's plea of guilty, his assistance to authorities, his personal circumstances, and the need for general deterrence and denunciation. A discount of approximately 30% was given for plea and cooperation. The cumulative sentences resulted in a total effective sentence of 7 years imprisonment with a non-parole period of 5 years.

Jurisdiction
Australia
Judgment Date
11 April 2003
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
Prisoner sentenced to imprisonment
Legal Topics
['sentencing' 'police Corruption' 'bribery' 'perverting the Course of Justice']
['criminal Law'] ['sentencing' 'police Corruption' 'bribery' 'perverting the Course of Justice']

Case Brief

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Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['Appropriate sentencing for acts of police corruption including perverting the course of justice, bribery, corrupt rewards, and associated offences' 'Consideration of parity in sentencing with co-offender' 'Effect of plea of guilty and assistance to authorities on sentencing' 'Relative culpability between accused and co-offender']

Ratio Decidendi

The offender engaged in a sustained course of corrupt acts as a police officer, including perverting the course of justice, accepting bribes, and facilitating criminal activity, for personal gain and contrary to police obligations. Sentence was determined based on the seriousness of the offending, the principle of parity with a co-offender (Patison), the offender's plea of guilty, his assistance to authorities, his personal circumstances, and the need for general deterrence and denunciation. A discount of approximately 30% was given for plea and cooperation. The cumulative sentences resulted in a total effective sentence of 7 years imprisonment with a non-parole period of 5 years.

Court Disposition

Prisoner sentenced to imprisonment

Orders

  • ['In respect of the indictment dated 13 December 2002: Count 1 - 3 years fixed term; Count 2 - 4 years, non-parole period 3 years; Count 3 - 3 years fixed term; Counts 1, 2, 3 concurrent. Count 4 - 3 years fixed term; Count 7 - 3 years fixed term; Count 6 - 4 years, non-parole period 3 years; Counts 4, 6, 7...