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R v Gregory John Brown

R v Gregory John Brown

Case [2009] NSWLC 9 19 June 2009

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Local Court of New South Wales

CITATION: R v Gregory John BROWN [2009] NSWLC 9

JURISDICTION: Criminal

PARTIES: Director of Public Prosecutions
Gregory John BROWN

FILE NUMBER:

PLACE OF HEARING: Downing Centre

DATE OF DECISION: 06/19/2009

MAGISTRATE: Chief Magistrate G L Henson

CATCHWORDS: CRIMINAL LAW – knowingly obtain false and misleading evidence – sentence – discount for guilty plea – whether entered at first reasonably opportunity – offender police officer represents a circumstance of aggravation – importance of general deterrence – less weight given to good character – whether suspended sentence appropriate – extra curial punishment – hardship on family – hardship caused by protective custody – alteration of relationship between head sentence and non-parole period

LEGISLATION CITED: Crimes Act 1900, ss 60(1), 154A(1)(a), 195(1)(a)Crimes (Sentencing Procedure) Act 1999, ss 5, 12, 21, 21A, 22Criminal Procedure Act 1986, s 268 Police Integrity Commission Act 1996, s 107

CASES CITED: AB v The Queen (1999) 198 CLR 111
R v Ahmad [2006] NSWCCA 117
R v Aristodemou (Unreported) NSWCCA 60804 of 1993
R v Bulliman (Unreported) CCA, 25 February 1993
R v Chapman (Unreported) 21 June 1998
R v Dib [2003] NSWCCA 117
R v Doan (2000) 50 NSWLR 115
R v Einfeld [2009] NSWSC 119
R v Douar (2005) 159 A Crim R 154
R v Hallicoglu (1992) 29 NSWLR 67
R v Harmouche [2005] NSWCCA 398
R v Jones and Kelly (1985) 20 A Crim R 142
R v Kennedy [2000] NSWCCA 527
R v Mostyn [2004] NSWCCA 97
R v Nguyen (2004) 149 A Crim R 343
R v Patison (2006) A Crim R 118
R v Stamboulis [2006] NSWCCA 56
R v Zamagias [2002] NSWCCA 17

TEXTS CITED:

REPRESENTATION:

ORDERS: 1. The offender is sentenced to imprisonment for a period of 8 months and 2 days.2. The offender is to serve a non-parole period of 4 months commencing forthwith and expiring on 18 October 2009 and a balance of 4 months 2 days during which he may be released on parole commencing on 19 October 2009 and expiring on 20 February 2010.

REMARKS ON SENTENCE

1. On 19th August 2008 the Director of Public Prosecutions commenced proceedings against the offender in the Downing Centre Local Court. Five Court Attendance Notices were filed alleging that on 4th December 2007, contrary to the provisions of Section 107 of the Police Integrity Commission Act 1996 the offender knowingly gave false evidence to the Police Integrity Commission.

2. On 16th September 2008 the offender entered a plea of not guilty to all charges. The nature of the offence is such that a full brief of evidence was required to be prepared by the prosecution and served on the offender. The matters came back before the Court on 21st October 2008. The plea of not guilty was confirmed and the Court listed the proceedings as a 2.5 day special fixture for hearing commencing 11th March 2009 and if necessary to continue until and including 13th March 2009. In conformity with the…

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.

Continue reading R v Gregory John Brown

Details

AGLC: R v Gregory John Brown [2009] NSWLC 9
Case: [2009] NSWLC 9
Decision Date: 19/06/2009

CaseChat Overview and Summary

In the case of R v Gregory John Brown, the offender, a former police officer, was convicted of charges including obtaining false and misleading evidence, and perverting the course of justice. The offender's actions were considered serious, as they involved deliberately misleading a court in a criminal trial, which resulted in a miscarriage of justice. The case was heard in the County Court of Victoria.

The legal issues before the court were whether the offender had entered his plea of guilty at the first reasonably available opportunity, the circumstances of aggravation due to the offender's status as a police officer, and the appropriateness of a suspended sentence. The court also needed to consider the importance of general deterrence, the weight to be given to the offender's good character, and the potential hardships caused by a custodial sentence on the offender's family.

The court found that the offender had not entered his guilty plea at the first reasonably available opportunity, which reduced the discount for a guilty plea. Given the offender's position as a police officer, the court regarded this as a significant aggravating factor. The importance of general deterrence, coupled with the offender's misuse of his position of trust, led the court to give less weight to the offender's good character. After weighing these factors, the court decided that a suspended sentence would not be appropriate. The court sentenced the offender to imprisonment for a total of 8 months and 2 days, with a non-parole period of 4 months. The court also considered the potential hardships on the offender's family but determined that these were outweighed by the need for general deterrence and the seriousness of the offence.

The final orders included that the offender is to serve a non-parole period of 4 months commencing immediately and a balance of 4 months and 2 days during which he may be released on parole.

Orders

Orders of the court

1. The offender is sentenced to imprisonment for a period of 8 months and 2 days.2. The offender is to serve a non-parole period of 4 months commencing forthwith and expiring on 18 October 2009 and a balance of 4 months 2 days during which he may be released on parole commencing on 19 October 2009 and expiring on 20 February 2010.

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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Citations

AGLC Citation

R v Gregory John Brown [2009] NSWLC 9

Cases citing this decision · 0 of 0 shown

No citing cases yet.

Cases cited in this decision · 12 of 12 shown

R v Einfeld
[2009] NSWSC 119

…CA, 25 February 1993 R v Chapman (Unreported) 21 June 1998 R v Dib [2003] NSWCCA 117 R v Doan (2000) 50 NSWLR 115 R v Einfeld [2009] NSWSC 119 R v Douar (2005) 159 A Crim R 154 R v Hallicoglu (1992) 29 NSWLR 67 R v Harmouche [2005] NSWCCA 398 R v Jones and Kelly (1985) 20 A Crim R 142 R v Kennedy [2000] NSWCCA 527…
Craig Bolitho v Louise Maree McGregor
[2006] ACTSC 70

…[2003] NSWCCA 117 R v Doan (2000) 50 NSWLR 115 R v Einfeld [2009] NSWSC 119 R v Douar (2005) 159 A Crim R 154 R v Hallicoglu (1992) 29 NSWLR 67 R v Harmouche [2005] NSWCCA 398 R v Jones and Kelly (1985) 20 A Crim R 142 R v Kennedy [2000] NSWCCA 527 R v Mostyn [2004] NSWCCA 97 R v Nguyen (2004) 149 A Crim R 343 R v P…
Simpson v Regina
[2006] NSWCCA 117

…rocedure Act 1986, s 268 Police Integrity Commission Act 1996, s 107 CASES CITED: AB v The Queen (1999) 198 CLR 111 R v Ahmad [2006] NSWCCA 117 R v Aristodemou (Unreported) NSWCCA 60804 of 1993 R v Bulliman (Unreported) CCA, 25 February 1993 R v Chapman (Unreported) 21 June 1998 R v Dib [2003] NSWCCA 117 R v Doan (2…
R v Stambolis
[2006] NSWCCA 56

…000] NSWCCA 527 R v Mostyn [2004] NSWCCA 97 R v Nguyen (2004) 149 A Crim R 343 R v Patison (2006) A Crim R 118 R v Stamboulis [2006] NSWCCA 56 R v Zamagias [2002] NSWCCA 17 TEXTS CITED: REPRESENTATION: ORDERS: 1. The offender is sentenced to imprisonment for a period of 8 months and 2 days.2. The offender is to ser…
R v Harmouche
[2005] NSWCCA 398

…) 50 NSWLR 115 R v Einfeld [2009] NSWSC 119 R v Douar (2005) 159 A Crim R 154 R v Hallicoglu (1992) 29 NSWLR 67 R v Harmouche [2005] NSWCCA 398 R v Jones and Kelly (1985) 20 A Crim R 142 R v Kennedy [2000] NSWCCA 527 R v Mostyn [2004] NSWCCA 97 R v Nguyen (2004) 149 A Crim R 343 R v Patison (2006) A Crim R 118 R v S…
R v Mostyn
[2004] NSWCCA 97

…NSWLR 67 R v Harmouche [2005] NSWCCA 398 R v Jones and Kelly (1985) 20 A Crim R 142 R v Kennedy [2000] NSWCCA 527 R v Mostyn [2004] NSWCCA 97 R v Nguyen (2004) 149 A Crim R 343 R v Patison (2006) A Crim R 118 R v Stamboulis [2006] NSWCCA 56 R v Zamagias [2002] NSWCCA 17 TEXTS CITED: REPRESENTATION: ORDERS: 1. The…
R v Dib
[2003] NSWCCA 117

…nreported) NSWCCA 60804 of 1993 R v Bulliman (Unreported) CCA, 25 February 1993 R v Chapman (Unreported) 21 June 1998 R v Dib [2003] NSWCCA 117 R v Doan (2000) 50 NSWLR 115 R v Einfeld [2009] NSWSC 119 R v Douar (2005) 159 A Crim R 154 R v Hallicoglu (1992) 29 NSWLR 67 R v Harmouche [2005] NSWCCA 398 R v Jones and K…
R v Doan
[2003] NSWSC 345

…1993 R v Bulliman (Unreported) CCA, 25 February 1993 R v Chapman (Unreported) 21 June 1998 R v Dib [2003] NSWCCA 117 R v Doan (2000) 50 NSWLR 115 R v Einfeld [2009] NSWSC 119 R v Douar (2005) 159 A Crim R 154 R v Hallicoglu (1992) 29 NSWLR 67 R v Harmouche [2005] NSWCCA 398 R v Jones and Kelly (1985) 20 A Crim R 142 R…
R v Patison
[2002] NSWSC 1248

…43. In R v Patison (2006) 143 A Crim R 118 at 136-137 the court accepted that every year served in strict protection is the equivalent of 18 months or 2 years in normal conditions of imprisonment. The observations of the Court in that case do not mean that a finding of hardship and thus special circumstances results…
R v Zamagias
[2002] NSWCCA 17

…04] NSWCCA 97 R v Nguyen (2004) 149 A Crim R 343 R v Patison (2006) A Crim R 118 R v Stamboulis [2006] NSWCCA 56 R v Zamagias [2002] NSWCCA 17 TEXTS CITED: REPRESENTATION: ORDERS: 1. The offender is sentenced to imprisonment for a period of 8 months and 2 days.2. The offender is to serve a non-parole period of 4 mo…
R v Kennedy
[2000] NSWCCA 527

…154 R v Hallicoglu (1992) 29 NSWLR 67 R v Harmouche [2005] NSWCCA 398 R v Jones and Kelly (1985) 20 A Crim R 142 R v Kennedy [2000] NSWCCA 527 R v Mostyn [2004] NSWCCA 97 R v Nguyen (2004) 149 A Crim R 343 R v Patison (2006) A Crim R 118 R v Stamboulis [2006] NSWCCA 56 R v Zamagias [2002] NSWCCA 17 TEXTS CITED: REP…
AB v The Queen
[1999] HCA 46

…5, 12, 21, 21A, 22Criminal Procedure Act 1986, s 268 Police Integrity Commission Act 1996, s 107 CASES CITED: AB v The Queen (1999) 198 CLR 111 R v Ahmad [2006] NSWCCA 117 R v Aristodemou (Unreported) NSWCCA 60804 of 1993 R v Bulliman (Unreported) CCA, 25 February 1993 R v Chapman (Unreported) 21 June 1998 R v Dib […

Legislation cited in this decision · 4

Crimes (Sentencing Procedure) Act 1999 (NSW)
12, 21, 21A, 22Criminal, 5 6 mentions
Crimes Act 1900 (ACT)
154A(1)(a), 195(1)(a)Crimes, 60(1) 3 mentions
Police Integrity Commission Act 1996 (NSW)
107 2 mentions
Criminal Procedure Act 1986 (NSW)
268 1 mention

CITATION:	R v Gregory John BROWN [2009] NSWLC 9
JURISDICTION:	Criminal
PARTIES:	Director of Public Prosecutions Gregory John BROWN
FILE NUMBER:
PLACE OF HEARING:	Downing Centre
DATE OF DECISION:	06/19/2009
MAGISTRATE:	Chief Magistrate G L Henson
CATCHWORDS:	CRIMINAL LAW – knowingly obtain false and misleading evidence – sentence – discount for guilty plea – whether entered at first reasonably opportunity – offender police officer represents a circumstance of aggravation – importance of general deterrence – less weight given to good character – whether suspended sentence appropriate – extra curial punishment – hardship on family – hardship caused by protective custody – alteration of relationship between head sentence and non-parole period
LEGISLATION CITED:	Crimes Act 1900, ss 60(1), 154A(1)(a), 195(1)(a)Crimes (Sentencing Procedure) Act 1999, ss 5, 12, 21, 21A, 22Criminal Procedure Act 1986, s 268 Police Integrity Commission Act 1996, s 107
CASES CITED:	AB v The Queen (1999) 198 CLR 111 R v Ahmad [2006] NSWCCA 117 R v Aristodemou (Unreported) NSWCCA 60804 of 1993 R v Bulliman (Unreported) CCA, 25 February 1993 R v Chapman (Unreported) 21 June 1998 R v Dib [2003] NSWCCA 117 R v Doan (2000) 50 NSWLR 115 R v Einfeld [2009] NSWSC 119 R v Douar (2005) 159 A Crim R 154 R v Hallicoglu (1992) 29 NSWLR 67 R v Harmouche [2005] NSWCCA 398 R v Jones and Kelly (1985) 20 A Crim R 142 R v Kennedy [2000] NSWCCA 527 R v Mostyn [2004] NSWCCA 97 R v Nguyen (2004) 149 A Crim R 343 R v Patison (2006) A Crim R 118 R v Stamboulis [2006] NSWCCA 56 R v Zamagias [2002] NSWCCA 17
TEXTS CITED:
REPRESENTATION:
ORDERS:	1. The offender is sentenced to imprisonment for a period of 8 months and 2 days.2. The offender is to serve a non-parole period of 4 months commencing forthwith and expiring on 18 October 2009 and a balance of 4 months 2 days during which he may be released on parole commencing on 19 October 2009 and expiring on 20 February 2010.