CITATION: Commissioner for the Police Integrity Commission v Walker [2006] NSWSC 964 HEARING DATE(S): 21/08/2006, 14/09/2006
JUDGMENT DATE :
25 September 2006JURISDICTION: Common Law Division - Administrative Law List JUDGMENT OF: McDougall J at 1 DECISION: See para [115] of judgment CATCHWORDS: CONTEMPT - of Police Integrity Commission - where contempt is of serious nature - where requirement for deterrence and denunciation - whether no penalty other than imprisonment is appropriate under s 5(1) Crimes (Sentencing Procedure) Act 1999 - whether aggravating or mitigating factors present under s 21A(2), (3) of the Act LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 CASES CITED: Principal Registrar of the Supreme Court of New South Wales v Jando (2001) 53 NSWLR 527
R v Aristodemou (Court of Criminal Appeal 60804/93, 30/6/93 (unrep))
Keeley v The Honourable Mr Justice Brooking (1979) 143 CLR 162
Ryan v Wright [No 2] [2004] NSWSC 1019
Wood v Galea (1995) 79 A Crim R 567
Wood v Galea (1997) 92 A Crim R 287
Wood v Staunton (No 5) (1996) 86 A Crim R 183PARTIES: Commissioner for the Police Integrity Commission (Plaintiff)
Christopher John Walker (Defendant)FILE NUMBER(S): SC 30108/04 COUNSEL: R D Cogswell SC/P F Singleton (Plaintiff)
K D Ginges (Defendant)SOLICITORS: M M O'Brien, Commission Solicitor (Plaintiff)
COMMISSIONER FOR THE POLICE INTEGRITY COMMISSION v WALKER [2006] NSWSC 964
Index to Judgment on Sentence
25 September 2006
Para The further evidence 2 The evidence of Mr Lutz 5 The evidence of good character 8 The further medical evidence 25 The pre sentence reports 38 The competing contentions 48 The Court’s approach to sentencing 58 Section 3A 61 Relevant case law 63 Application of the principles to the facts of the case 66 The seriousness of the offence 66 Mr Walker’s awareness of the consequences 76 The actual consequences on the inquiry 78 The context of serious crime 81 Reason for the contempt 82 Receipt of benefit 83 Apology or contrition 84 Character and antecedents 86 General and personal deterrence 87 Denunciation of the offence 90 Section 3A 91 Aggravating and mitigating factors 94 Analysis 100 Other matters 112 Orders 115
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
ADMINISTRATIVE LAW LIST
McDOUGALL J
Monday 25 September 2006
- COMMISSION v CHRISTOPHER JOHN WALKER
JUDGMENT – on sentence
1 HIS HONOUR: In my principal reasons, dated 14 July 2006 (Commissioner for the Police Integrity Commission v Walker [No 2] [2006] NSWSC 696), I concluded (para [231]) that the defendant, Mr Walker, was guilty of contempt of the Police Integrity Commission, “in that on 6 December 2004, in relation to a number of questions concerning his involvement in the Chiswick event, in which he was alleged to have been a participant, Mr Walker by his answers falsely asserted an inability to recollect that event, so that he must be taken thereby to have refused or otherwise to have failed to answer the relevant questions”. In consequence, it is necessary to decide the appropriate punishment…
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- Case
- [2006] NSWSC 964
- Decision Date
CaseChat Overview and Summary
The court began by examining the seriousness of the contempt, which was found to be significant due to the respondent's deliberate disregard for the Commission's authority. The court considered the statutory requirement for deterrence and denunciation, as well as the need to balance the respondent's culpability with the potential for rehabilitation. The court noted that while imprisonment may not always be necessary, in this case, the seriousness of the contempt and the need for deterrence and denunciation warranted such a penalty. The court also considered the presence of any aggravating or mitigating factors as per the relevant sections of the Crimes (Sentencing Procedure) Act 1999.
After evaluating the relevant factors, the court determined that the appropriate penalty for the respondent's contempt was imprisonment. The court found that the seriousness of the contempt, coupled with the need for deterrence and denunciation, justified the imposition of a custodial sentence. The court also considered the potential for rehabilitation and the need to protect the integrity of the Police Integrity Commission. Ultimately, the court concluded that no other penalty, apart from imprisonment, was suitable in this case. The court's decision was based on a comprehensive analysis of the statutory provisions and the specific circumstances of the contempt.
The court ordered that the respondent be imprisoned for a specified term, reflecting the seriousness of the contempt and the need for deterrence and denunciation. The court also considered the potential for rehabilitation and the need to protect the integrity of the Police Integrity Commission. The court's decision provides guidance for future cases involving contempt of the Police Integrity Commission, emphasising the importance of deterrence, denunciation, and the consideration of aggravating and mitigating factors in determining an appropriate penalty.
Orders
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Background
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Evidence
Evidence Before The Court
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Decision
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