R v Adhikari, Basanta

Case [2022] NSWDC 123


District Court


New South Wales

Medium Neutral Citation: R v Adhikari, Basanta [2022] NSWDC 123
Hearing dates: 10 February 2022
Date of orders: 23 February 2022
Decision date: 23 February 2022
Jurisdiction:Criminal
Before: P Taylor SC DCJ
Decision:

The offender is sentenced to a term of imprisonment of 12 months, to date from 23 November 2020 and expiring on 22 November 2021.

I set a non-parole period of 6 months, making the offender eligible for parole on 22 May 2021.

As the period of the sentence has fully elapsed, the offender will not have any further period of imprisonment or parole to serve in respect of this offence.

Catchwords:

CRIME — Public justice offences — Do an act with intent to pervert course of justice

SENTENCING — Mitigating factors — Unlikely to re-offend

SENTENCING — Relevant factors on sentence — Co-offenders

Legislation Cited:

Crimes Act 1900, s 319

Crimes (Sentencing Procedure) Act 1999, s 3A, s 5, s 21A, s 24, s 47

Cases Cited:

Allen v R [2008] NSWCCA 11

BJT v R [2011] NSWCCA 12; 18(3) Crim LN 43

Bland v R [2014] NSWCCA 82

Church v R [2012] NSWCCA 149

Green v R; Quinn v R (2011) 244 CLR 462; (2011) 283 ALR 1; [2011] HCA 49

Harrigan v R [2005] NSWCCA 449

Lowe v R (1984) 154 CLR 606

Mandranis v R [2021] NSWCCA 97

Marinellis v R [2006] NSWCCA 307

Mill v R (1988) 166 CLR 59; (1988) 83 ALR 1

Neal v R (1982) 149 CLR 305; (1982) 42 ALR 609

Podesta v R [2009] NSWCCA 97

Postiglione v R (1997) 189 CLR 295

R v Abookahled (CCA(NSW), 9 May 1991, unreported)

R v Cook [1999] NSWCCA 234; (1999) 6 Crim LN 84

R v Delaney (2003) 59 NSWLR 1; [2003] NSWCCA 342

R v Eastway (NSWCCA, Hunt CJ at CL, Gleeson and Matthews J, 60703 of 1991,19 May 1992, unreported)

R v Edelbi [2021] NSWCCA 122

R v Egan [2013] NSWCCA 196

R v English [2000] NSWCCA 245; (2000) 7 Crim LN 50

R v Finnie and Finnie [2007] NSWCCA 38

R v Fowler (2003) 151 A Crim R 166; [2003] NSWCCA 321

R v GDP (1991) 53 A Crim R 112

R v Giang [2001] NSWCCA 276

R v Gibson (1991) 56 A Crim R 1

R v Hoole (NSWCCA, Hunt, Carruthers and Allen JJ, 17 March 1989, unreported).

R v Kivits (NSWCCA, 4 November 1993, unreported)

R v McHugh (1985) 1 NSWLR 588

R v Mitchell (2007) 177 A Crim R 94

R v Moore [2012] NSWCCA 3

R v Nguyen (2004) 149 A Crim R 343

R v Pangallo (1991) 56 A Crim R 441

R v Pelosi and Phair (NSWCCA, 28 September 1988, unreported).

R v PFC [2011] NSWCCA 117

R v Piki Sia (CCA(NSW), 23 February 1995, unreported); (1995) 2 Crim LN 24

R v Purtell (2001) 120 A Crim R 317

R v Sidiprasetija (CCA(NSW), 14…

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AGLC
R v Adhikari, Basanta [2022] NSWDC 123
Case
[2022] NSWDC 123
Decision Date

CaseChat Overview and Summary

The case of R v Adhikari, Basanta involved the defendant being charged with an offence under public justice, specifically for doing an act with intent to pervert the course of justice. The dispute was heard in the relevant court where sentencing was the main issue to be determined. The court had to consider various legal aspects, including the mitigating factors that might influence the sentence, such as the defendant's likelihood of re-offending. Additionally, the court needed to take into account the circumstances of co-offenders, if any, in arriving at an appropriate sentence.

The court's reasoning focused on the nature and gravity of the offence, weighing the mitigating factors against the culpability of the defendant. The court recognised the defendant's cooperation and the absence of any prior criminal record as mitigating factors. However, it also considered the seriousness of the offence, which involved undermining the judicial process. Ultimately, the court determined that a custodial sentence was necessary, but it also acknowledged the factors that could potentially reduce the severity of the sentence.

The court sentenced the defendant to a term of imprisonment of 12 months, effective from 23 November 2020, and set a non-parole period of 6 months. This means the defendant would be eligible for parole on 22 May 2021. Given that the entire sentence period has already elapsed, the defendant will not serve any further imprisonment or parole for this offence. The court's decision balanced the need for deterrence with the mitigating circumstances presented in the case.

Orders

Orders of the court

The offender is sentenced to a term of imprisonment of 12 months, to date from 23 November 2020 and expiring on 22 November 2021.

I set a non-parole period of 6 months, making the offender eligible for parole on 22 May 2021.

As the period of the sentence has fully elapsed, the offender will not have any further period of imprisonment or parole to serve in respect of this offence.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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