R v Fletcher R v Brookes - [2010] NSWDC 208

CITATION: R v Fletcher R v Brookes [2010] NSWDC 208

HEARING DATE(S): 24/03/2010, 26/03/2010

JUDGMENT DATE:
16 April 2010

JURISDICTION: 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 1999

CASES 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 121

PARTIES: Regina
Peter Robert Fletcher
Andrew John Brookes

FILE 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…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2010] NSWDC 208
Decision Date: 16 April 2010

CaseChat Overview and Summary

Two former police officers, Fletcher and Brookes, have been convicted and sentenced for fabricating false evidence with the intent to mislead judicial proceedings. The case was heard in the District Court of New South Wales. The primary legal issues before the court were whether the officers had indeed fabricated evidence and whether their actions amounted to an offence under the relevant provisions of the Crimes Act 1900. The court had to consider the credibility of the evidence presented and the circumstances surrounding the alleged fabrication of evidence.

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

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	R v Fletcher R v Brookes [2010] NSWDC 208
HEARING DATE(S):	24/03/2010, 26/03/2010
JUDGMENT DATE:	16 April 2010
JURISDICTION:	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 1999
CASES 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 121
PARTIES:	Regina Peter Robert Fletcher Andrew John Brookes
FILE NUMBER(S):	2009/00138154; 2009/00149961
COUNSEL:	Mr Davis (Crown) Mr K Dailly (P Fletcher) Mr J Weir (A Brookes)