Michael v R [2014] NSWCCA 2

Michael v R [2014] NSWCCA 2

The conviction appeal failed because, after an independent review of the evidence, it was open to the jury to be satisfied beyond reasonable doubt that the applicant told Mr Phillips to lie to police about who was driving the car in order to obstruct the investigation and possible prosecution of Mr Salim. Although there were inconsistencies in the Crown case, they were not of a kind that required a doubt, and the evidence of Mr Phillips was significantly corroborated by Mrs Phillips and, to a lesser extent, Detective Whale; it was also open to the jury to reject Mr Parnell's evidence. The sentence appeal failed because, although the sentencing judge erred in finding that the conduct had...

Jurisdiction
Australia
Judgment Date
05 February 2014
Procedural Posture
Criminal Conviction Appeal and Sentence Appeal Concerning Doing an Act Intending to Pervert the Course of Justice Contrary to S319 Crimes Act 1900 (nsw) / Application for Leave to Appeal Against Conviction and Sentence in the Court of Criminal Appeal
Outcome
Leave to appeal against conviction and sentence granted, but the appeal dismissed; bail revoked and applicant returned to custody.
Legal Topics
['unreasonable Verdict' 'perverting the Course of Justice' 'intention to Pervert the Course of Justice' 'witness Advised to Lie to Police' 'assessment of Witness Credibility' 'extra Curial Punishment' 'objective Seriousness' 'full Time Imprisonment' 'manifest Excess']
['criminal Law' 'criminal Procedure' 'sentencing'] ['unreasonable Verdict' 'perverting the Course of Justice' 'intention to Pervert the Course of Justice' 'witness Advised to Lie to Police' 'assessment of Witness Credibility' 'extra Curial Punishment' 'objective Seriousness' 'full Time Imprisonment' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Conviction Appeal and Sentence Appeal Concerning Doing an Act Intending to Pervert the Course of Justice Contrary to S319 Crimes Act 1900 (nsw) / Application for Leave to Appeal Against Conviction and Sentence in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the verdict was unreasonable or could not be supported having regard to the evidence.' 'Whether the evidence was sufficient to prove that the applicant intended to pervert the course of justice by telling Mr Phillips to lie to police in relation to the investigation and possible prosecution of Mr Salim.' "Whether the sentencing judge erred in finding that the applicant's conduct had the potential to defeat or thwart the prosecution of Mr Salim." 'Whether the sentencing judge failed properly to take into account extra-curial punishment from loss of a legal career.' 'Whether the offence was properly characterised as a serious example of an offence against s319 Crimes Act 1900 (NSW).' 'Whether full-time imprisonment was the only appropriate sentence and whether the sentence was manifestly excessive.']

Ratio Decidendi

The conviction appeal failed because, after an independent review of the evidence, it was open to the jury to be satisfied beyond reasonable doubt that the applicant told Mr Phillips to lie to police about who was driving the car in order to obstruct the investigation and possible prosecution of Mr Salim. Although there were inconsistencies in the Crown case, they were not of a kind that required a doubt, and the evidence of Mr Phillips was significantly corroborated by Mrs Phillips and, to a lesser extent, Detective Whale; it was also open to the jury to reject Mr Parnell's evidence. The sentence appeal failed because, although the sentencing judge erred in finding that the conduct had...

Court Disposition

Leave to appeal against conviction and sentence granted, but the appeal dismissed; bail revoked and applicant returned to custody.

Orders

  • ['Leave to appeal against conviction and sentence be granted but that the appeal be dismissed.' "The applicant's bail be revoked forthwith." 'The applicant be returned to custody on 5 February 2014 so that his non-parole period of imprisonment will expire on 30 January 2015 and the balance of his term will expire on...