R v Jesse Robert Thurlow

[2020] NSWDC 871

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Jesse Robert Thurlow [2020] NSWDC 871

Hearing dates:

27/11/2020; and 17/12/2020

Date of orders:

17 December 2020

Decision date:

17 December 2020

Jurisdiction:

Criminal

Before:

H. L. Syme DCJ

Decision:

Aggregate term of imprisonment of 2 years, 10 months with a non-parole period of 20 months

Catchwords:

Pervert the Course of Justice; Convincing others to lie; Psychological report conclusions; Moral culpability

Legislation Cited:

Crimes (Sentencing Procedure) ACT 1999

Mental Health (Forensic Provisions) Act

Cases Cited:

R v Pearce [2020] NSWCCA 61

Rogerson v R [1992] HCA 25

R v Marinellis (NSWCCA 307

R v Taouk (1992) 65 A Crim R 387

Harrigan v R [2005] NSWCCA 449

R v Giang [2001] NSWCCA 276

R v Purtell (2001) 120 A Crim R 317

R v Fangaloka [2019] NSWCCA 173

Wany v DPP [2020] NSWCA 318

Texts Cited:

Diagnostic and Statistical Manual of Mental Disorders, 5th Edition

Category:

Sentence

Parties:

Regina (ODPP)
Jesse Robert Thurlow

Representation:

Counsel:
Ms S. Sloan
Mr A. Goldsworthy

Solicitors:
Ms L. Crase
Mr S. Tully

File Number(s):

2017/00134143

Publication restriction:

Nil

Judgment

1. Mr Thurlow was found guilty by this court at the completion of a judge alone trial that:

1. Between the 20th and 26th of April 2017 he engaged in a course of conduct, procuring Brenton Pearce to provide false information with respect to sexual assault allegations with intent to pervert the course of justice. He pleaded guilty to this charge;

2. and Between the 20th and 28th of April 2017 he engaged in a course of conduct, procuring Kate Thurlow to provide false information with respect to sexual assault allegations with intent to pervert the course of justice. He pleaded not guilty to this charge and was found guilty after a judge alone trial.

2. The maximum penalty for each offence is 14 years imprisonment. He was acquitted of other charges which are relevant to the extent they were the sexual assault allegations referred to in the pervert offences.

FACTS

3. The facts are as summarised in my reasons for decision of 18 September 2020. Notwithstanding a plea being entered for Count 3, factual issues are still in dispute relating to the instigation of and responsibility for Pearce giving a false statement to police. The Crown have provided proposed facts (exhibit 1 on sentence) much of which references my reasons and accords with my findings.

4. In my findings (paragraphs 193 to 199 of the verdict) I did not find and still do not find that at any time the offender believed the meeting on the 20^th April 2017, was for the housemates to come to a conclusion as to the truth of the events of the 15^th April 2015. He called the meeting to canvas assistance that would help in exonerating him of any criminality. There was no evidence that before the meeting Kate Thurlow knew she was going to asked to manufacture false evidence, but it is very clear from subsequent phone calls that…