R v Jesse Robert Thurlow [2020] NSWDC 871

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

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Parties

Regina (ODPP)

Prosecutor

Jesse Robert Thurlow

Defendant

Procedural Posture

Criminal / Sentencing

  1. 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. 2 Whether the defendant's moral culpability for these offences should be reduced due to mental health issues
  3. 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