R v PURTELL, Garry Michael [2001] NSWCCA 21

R v PURTELL, Garry Michael [2001] NSWCCA 21

The sentencing discretion miscarried because the sentencing judge misapprehended the significance of the forged testimonial to the Local Court sentencing and gave undue significance to the fact that the forged document was tendered on penalty rather than on guilt or innocence. This led to insufficient weight being given to the seriousness of the offence, community concern for the integrity of the criminal justice system, and deterrence. The sentence was manifestly inadequate, but because the Crown had not sought and did not seek a custodial sentence, the appropriate substituted outcome was to record a conviction and impose a good behaviour bond with conditions.

Jurisdiction
Australia
Judgment Date
30 January 2001
Procedural Posture
Crown Appeal Against Sentence Pursuant to S 5 D of the Criminal Appeal Act 1912 / Court of Criminal Appeal Appeal From Sentence Imposed in the District Court After a Guilty Plea
Outcome
Appeal allowed; order discharging the respondent on condition he enter into a good behaviour bond set aside; respondent convicted and ordered to enter into a good behaviour bond.
Legal Topics
['perverting the Course of Justice' 'forged Testimonial Tendered on Sentence' 'manifest Inadequacy of Sentence' 'good Behaviour Bond' 'crown Appeal Against Sentence']
['criminal Law' 'sentencing' 'criminal Procedure'] ['perverting the Course of Justice' 'forged Testimonial Tendered on Sentence' 'manifest Inadequacy of Sentence' 'good Behaviour Bond' 'crown Appeal Against Sentence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Crown Appeal Against Sentence Pursuant to S 5 D of the Criminal Appeal Act 1912 / Court of Criminal Appeal Appeal From Sentence Imposed in the District Court After a Guilty Plea

Legal Issues

  1. 1 ['Whether the sentence imposed for doing an act with intent to pervert the course of justice was manifestly inadequate.' 'Whether the sentencing judge misapprehended the significance of the forged letter to the sentencing proceedings in the Local Court.' 'Whether use of a forged document on sentence was less serious than use of a forged document on guilt or innocence.' "Whether consistency with the sentence imposed on Jennifer Scott precluded variation of the respondent's sentence." "What substituted order should be made on a Crown appeal in light of the Crown's approach at first instance and on appeal."]

Ratio Decidendi

The sentencing discretion miscarried because the sentencing judge misapprehended the significance of the forged testimonial to the Local Court sentencing and gave undue significance to the fact that the forged document was tendered on penalty rather than on guilt or innocence. This led to insufficient weight being given to the seriousness of the offence, community concern for the integrity of the criminal justice system, and deterrence. The sentence was manifestly inadequate, but because the Crown had not sought and did not seek a custodial sentence, the appropriate substituted outcome was to record a conviction and impose a good behaviour bond with conditions.

Court Disposition

Appeal allowed; order discharging the respondent on condition he enter into a good behaviour bond set aside; respondent convicted and ordered to enter into a good behaviour bond.

Orders

  • ['Appeal allowed.' 'Order made by Judge Gibson set aside.' 'Respondent convicted.' 'Order that the respondent enter into a good behaviour bond for a term of two years containing conditions that he be of good behaviour; that he appear before the Court if called upon to do so at any time during the period of the bond;...