R v Phillip William Smith [2011] NSWDC 38

R v Phillip William Smith [2011] NSWDC 38

Although the offence warranted a sentence of imprisonment due to its seriousness and the offender's position as a police officer, the lengthy and unexplained delay in prosecution justified suspension of the sentence upon the offender entering into a good behaviour bond.

Jurisdiction
Australia
Judgment Date
14 April 2011
Procedural Posture
Sentence / Decision After Plea of Guilty
Outcome
Sentenced to term of imprisonment, suspended; bond ordered.
Legal Topics
['sentencing' 'attempt to Pervert the Course of Justice' 'police Misconduct' 'delay in Prosecution']
['criminal Law'] ['sentencing' 'attempt to Pervert the Course of Justice' 'police Misconduct' 'delay in Prosecution']

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Procedural Posture

Sentence / Decision After Plea of Guilty

Legal Issues

  1. 1 ['Appropriate sentence for attempt to pervert the course of justice by a police officer' 'Impact of delay in prosecution on sentence']

Ratio Decidendi

Although the offence warranted a sentence of imprisonment due to its seriousness and the offender's position as a police officer, the lengthy and unexplained delay in prosecution justified suspension of the sentence upon the offender entering into a good behaviour bond.

Court Disposition

Sentenced to term of imprisonment, suspended; bond ordered.

Orders

  • ['Convicted and sentenced to 15 months imprisonment, execution suspended under s 12 Crimes (Sentencing Procedure) Act 1999.' 'Offender to enter into a good behaviour bond for the term of the sentence, with specified conditions including reporting, supervision and requirements as set out in orders.']