R v Hood [2007] NSWDC 157

R v Hood [2007] NSWDC 157

The seriousness of the offences of giving false evidence, their impact on the Australian Crime Commission's investigation into organised crime, and the principle of general deterrence, require that only imprisonment is an appropriate sentence. The aggregate sentence should reflect the totality principle and the concurrent/consecutive nature of the offences.

Jurisdiction
Australia
Judgment Date
12 July 2007
Procedural Posture
Criminal / Sentencing After Jury Trial
Outcome
Defendant convicted and sentenced to imprisonment; ordered release on recognizance after serving part of sentence
Legal Topics
['sentence After Trial' 'false Evidence to Examiner of the Australian Crime Commission']
['criminal Law'] ['sentence After Trial' 'false Evidence to Examiner of the Australian Crime Commission']

Case Brief

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Procedural Posture

Criminal / Sentencing After Jury Trial

Legal Issues

  1. 1 ['Appropriate sentence for giving false evidence to an examiner of the Australian Crime Commission' 'Objective seriousness of the offences' 'Consideration of general deterrence' 'Effect of alleged reduced culpability due to medication or sleepiness']

Ratio Decidendi

The seriousness of the offences of giving false evidence, their impact on the Australian Crime Commission's investigation into organised crime, and the principle of general deterrence, require that only imprisonment is an appropriate sentence. The aggregate sentence should reflect the totality principle and the concurrent/consecutive nature of the offences.

Court Disposition

Defendant convicted and sentenced to imprisonment; ordered release on recognizance after serving part of sentence

Orders

  • ['For each offence, sentenced to imprisonment for eighteen months (first offence from 31 May 2007 to 30 November 2008; second offence from 1 December 2007 to 31 May 2009)' 'Ordered release on 28 February 2008 on recognizance of $1,000, to be of good behaviour for fifteen months from 1 March 2008 to 31 May 2009'...