CITATION: R v Fletcher R v Brookes [2010] NSWDC 208 HEARING DATE(S): 24/03/2010, 26/03/2010
JUDGMENT DATE:
16 April 2010JURISDICTION: Criminal JUDGMENT OF: Norrish QC DCJ DECISION: P R Fletcher: Convicted: Sentenced to a term of imprisonment for 1 year and 6 months. Under s 12 Crimes (Sentencing Procedure) Act 1999 I order that the execution of the sentence be suspended for the term of the sentence.
I direct that the offender be released from custody on condition that the offender enters into a Good Behaviour Bond for the term of the sentence.
A J Brookes: Convicted: Sentenced to a term of imprisonment for 1 year and 6 months. Under s 12 Crimes (Sentencing Procedure) Act 1999 I order that the execution of the sentence be suspended for the term of the sentence.
I direct that the offender be released from custody on condition that the offender enters into a Good Behaviour Bond for the term of the sentence.CATCHWORDS: CRIME - Sentencing - fabricated false evidence with intent to mislead judicial proceedings - Police officers LEGISLATION CITED: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999CASES CITED: DPP v Aydogan and Gosper [2006] NSWSC 558
The Queen v Edwards (1996) 90 A Crim R 510
R v Bednarz [2000] NSWCCA 53
R v Pangallo (unreported) 03/08/1999 NSWCCA
R v Bulliman (unreported) 25/02/1993 NSWCCA
R v Nomchong (unreported) 10/04/1997 NSWCCA
R v Irwin [1999] NSWCCA 361
R v Harrigan [2005] NSWCCA 449
R v Nguyen (2004) 149 ACR 343
R v Chapman (unreported) 21/05/1998 NSWCCA
Fahs v R [2007] NSWCCA 26
Douar v The Queen (2005) 159 A Crim R 154
Dinsdale v The Queen (2000) 202 CLR 321
Kutchera v The Queen [2007] NSWCCA 121PARTIES: Regina
Peter Robert Fletcher
Andrew John BrookesFILE NUMBER(S): 2009/00138154; 2009/00149961 COUNSEL: Mr Davis (Crown)
Mr K Dailly (P Fletcher)
Mr J Weir (A Brookes)
SENTENCE
1 HIS HONOUR: Peter Robert Fletcher and Andrew John Brookes are for sentence today in relation to two offences contrary to s 317(b) Crimes Act 1900. They are each charged in their own names that they, as individuals, between 26 October 2008 and 7 February 2009 at Wagga Wagga in the State of New South Wales with intent to mislead a judicial tribunal, namely the Local Court in a judicial proceeding, namely criminal proceedings against Matthew Prowse, fabricated false evidence.
2 As I said in the course of submissions, the wording of the charge does follow the legislation but it is a strangely worded piece of legislation. Be that as it may, it carries a maximum penalty of ten years imprisonment, and in due course I will turn to the scheme of the Act in the assessment of the criminality with which I am concerned.
3 In relation to Mr Brookes, there was a statement of agreed facts; in relation to Mr Fletcher there was a statement of facts, largely agreed, with essentially one area in dispute. Bearing in mind there is a great deal of overlap…
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- Case
- [2010] NSWDC 208
- Decision Date
CaseChat Overview and Summary
The court found that the officers had deliberately falsified evidence, intending to mislead the judicial process. This was established through a thorough examination of the evidence and testimonies provided. The court found the officers' actions to be a clear misuse of their authority and a breach of the public trust placed in them. The court emphasised the seriousness of the offence, given the officers' roles and responsibilities. The court also took into account the impact of their actions on the administration of justice and the potential consequences for the individuals involved in the proceedings they sought to influence.
Consequently, both Fletcher and Brookes were convicted and sentenced to a term of imprisonment of one year and six months each. However, the execution of the sentences was suspended under section 12 of the Crimes (Sentencing Procedure) Act 1999, and they were directed to be released from custody on the condition that they enter into a Good Behaviour Bond for the term of the sentence. The court's decision reflects the gravity of the offence and the need to uphold the integrity of the judicial system.
Orders
Orders of the court
P R Fletcher: Convicted: Sentenced to a term of imprisonment for 1 year and 6 months. Under s 12 Crimes (Sentencing Procedure) Act 1999 I order that the execution of the sentence be suspended for the term of the sentence.
I direct that the offender be released from custody on condition that the offender enters into a Good Behaviour Bond for the term of the sentence.
A J Brookes: Convicted: Sentenced to a term of imprisonment for 1 year and 6 months. Under s 12 Crimes (Sentencing Procedure) Act 1999 I order that the execution of the sentence be suspended for the term of the sentence.
I direct that the offender be released from custody on condition that the offender enters into a Good Behaviour Bond for the term of the sentence.
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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