R v Adhikari, Basanta

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.