R v SCOTT, Michael Vincent [2018] NSWDC 290

R v SCOTT, Michael Vincent [2018] NSWDC 290

The sentence imposed must reflect the seriousness of perverting the course of justice in the context of a murder trial, applying the totality principle and giving effect to general deterrence; given the opportunistic nature and lack of planning, with the plea of guilty as mitigating, but in light of substantial existing sentence for murder, a term of three years imprisonment with a two-year non-parole period, partially accumulative, is appropriate.

Jurisdiction
Australia
Judgment Date
27 April 2018
Procedural Posture
Criminal / Sentencing
Outcome
convicted and sentenced to full-time imprisonment
Legal Topics
['sentencing' 'perverting the Course of Justice' 'totality Principle' 'special Circumstances' 'criminal History']
['criminal Law'] ['sentencing' 'perverting the Course of Justice' 'totality Principle' 'special Circumstances' 'criminal History']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for the offence of intending to pervert the course of justice under s 319 Crimes Act 1900?' 'How should the sentence be structured in light of an existing sentence for murder?' "Are there mitigating or aggravating factors relevant to sentencing, including the offender's criminal history and plea of guilty?"]

Ratio Decidendi

The sentence imposed must reflect the seriousness of perverting the course of justice in the context of a murder trial, applying the totality principle and giving effect to general deterrence; given the opportunistic nature and lack of planning, with the plea of guilty as mitigating, but in light of substantial existing sentence for murder, a term of three years imprisonment with a two-year non-parole period, partially accumulative, is appropriate.

Court Disposition

convicted and sentenced to full-time imprisonment

Orders

  • ['Offender convicted for offence of intending to pervert the course of justice.' 'Sentence of three years imprisonment imposed, commencing 6 April 2030.' 'Non-parole period of two years, to commence 6 April 2030 and expire 5 April 2032.' 'Balance of sentence of one year, to expire 5 April 2033.' 'Finding of special...