R v Jesse Robert Thurlow [2020] NSWDC 871
The defendant, Jesse Robert Thurlow, was the principal instigator in procuring others to provide false information to the police with the intent to pervert the course of justice, acting for his own benefit through a course of conduct involving significant planning, and his moral culpability was not substantially reduced by mental health issues; therefore, a sentence of full-time imprisonment was warranted to reflect the seriousness of the offences and the need for deterrence.
- Parties
- Prosecutor: Regina (ODPP); Defendant: Jesse Robert Thurlow
- Jurisdiction
- Australia
- Judgment Date
- 17 December 2020
- Procedural Posture
- Criminal / Sentencing
- Outcome
- Convicted and sentenced
- Legal Topics
- Pervert the Course of Justice, Sentencing, Instigation of False Statements, General Deterrence
Case Brief
Summary, issues, holding and outcome
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Parties
Regina (ODPP)
Prosecutor
Jesse Robert Thurlow
Defendant
Procedural Posture
Criminal / Sentencing
Legal Issues
- 1 Whether Jesse Robert Thurlow instigated and was criminally responsible for procuring others to provide false information to police with intent to pervert the course of justice
- 2 Whether the defendant's moral culpability for these offences should be reduced due to mental health issues
- 3 Appropriateness and quantum of sentence given subjective and objective factors
Ratio Decidendi
The defendant, Jesse Robert Thurlow, was the principal instigator in procuring others to provide false information to the police with the intent to pervert the course of justice, acting for his own benefit through a course of conduct involving significant planning, and his moral culpability was not substantially reduced by mental health issues; therefore, a sentence of full-time imprisonment was warranted to reflect the seriousness of the offences and the need for deterrence.
Court Disposition
Convicted and sentenced
Orders
- Aggregate term of imprisonment of 2 years, 10 months commencing 17 December 2020 and expiring 16 October 2023 with a non-parole period of 20 months; release to parole on 16 August 2022
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