R v ROGERSON [2005] NSWDC 22

R v ROGERSON [2005] NSWDC 22

Given the seriousness of the offence—lying under oath to the Police Integrity Commission, which undermines the administration of justice—and in the absence of extraordinary and compelling circumstances, a full-time custodial sentence is required. The offender's good character, mental condition, delay in prosecution, and circumstances of custody warrant recognition by finding special circumstances and setting a reduced non-parole period.

Jurisdiction
Australia
Judgment Date
18 February 2005
Procedural Posture
Criminal / Sentencing
Outcome
offender sentenced to imprisonment for two and a half years with a non-parole period of one year; offender to be released to parole at the end of non-parole period
Legal Topics
['giving False Evidence' 'police Integrity Commission' 'sentencing' 'deterrence' 'perjury']
['criminal Law'] ['giving False Evidence' 'police Integrity Commission' 'sentencing' 'deterrence' 'perjury']

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

Criminal / Sentencing

Legal Issues

  1. 1 ['Appropriate sentence for giving false evidence to the Police Integrity Commission' 'Assessment of seriousness of offence' 'Whether exceptional circumstances exist to justify a non-custodial sentence' 'Prospects for rehabilitation and presence of remorse' 'Effect of delay in prosecution']

Ratio Decidendi

Given the seriousness of the offence—lying under oath to the Police Integrity Commission, which undermines the administration of justice—and in the absence of extraordinary and compelling circumstances, a full-time custodial sentence is required. The offender's good character, mental condition, delay in prosecution, and circumstances of custody warrant recognition by finding special circumstances and setting a reduced non-parole period.

Court Disposition

offender sentenced to imprisonment for two and a half years with a non-parole period of one year; offender to be released to parole at the end of non-parole period

Orders

  • ['The offender is sentenced to imprisonment for two and a half years, commencing 18 February 2005.' 'A non-parole period of one year is set, expiring on 17 February 2006.' 'Offender to be released to parole at expiry of non-parole period.']