Court of Criminal Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: R v Pearce [2020] NSWCCA 61 Hearing dates: 18 March 2020 Date of orders: 18 March 2020 Decision date: 03 April 2020 Before: Leeming JA;
Rothman J;
N Adams JDecision: Appeal dismissed.
Catchwords: CRIMINAL LAW – Crown appeal against sentence – attempt to pervert course of justice – offender pleaded guilty to making false statement to police – statement gave alibi to friend being investigated for sexual assault – offender sentenced on agreed facts – whether sentencing judge erred in failing to find that offender instigated idea of a false statement – whether error in assessment of objective seriousness – whether sentencing judge failed to have regard to full extent of offender's criminality – whether sentence manifestly inadequate – appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), ss 61J, 319
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 17D(4), 89(4)
Criminal Appeal Act 1912 (NSW), s 5D
Evidence Act 1995 (NSW), s 4(2)Cases Cited: Barbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2
Carroll v The Queen [2009] HCA 13; 83 ALJR 579
Casella v R [2019] NSWCCA 201
Cowling v R [2015] NSWCCA 213
Craig-Bridges v NSW Trustee and Guardian [2017] NSWCA 197
Dinsdale v The Queen (2000) 202 CLR 321; [2000] HCA 54
Einfeld v R [2010] NSWCCA 87; 200 A Crim R 1
GAS v The Queen (2004) 217 CLR 198; [2004] HCA 22
House v The King (1936) 55 CLR 499; [1936] HCA 40
Khoury v R [2011] NSWCCA 118
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
R v AB [2017] NSWCCA 88
R v Harris [2015] NSWCCA 81
R v Kennedy [2019] NSWCCA 242
R v Khoury [2018] NSWCCA 223
R v Kirkland [2005] NSWCCA 130
R v Reid [2016] NSWCCA 151
Voronov v R [2017] NSWCCA 241Texts Cited: Nil Category: Principal judgment Parties: Crown (Appellant)
Brenton Luke Pearce (Respondent)Representation: Counsel:
Solicitors:
C Curtis (Appellant)
P Boulten SC (Respondent)
Solicitor for Public Prosecutions (Appellant)
M Blair (Respondent)
File Number(s): 2018/00341974 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court
- Jurisdiction:
- Criminal
- Citation:
- Nil
- Date of Decision:
- 20 December 2019
- Before:
- Smith SC DCJ
- File Number(s):
- 2018/00341974
Judgment
-
THE COURT: On 18 March 2020, after the conclusion of submissions, the Court dismissed the Crown’s appeal, brought pursuant to s 5D of the Criminal Appeal Act 1912 (NSW), against the sentence imposed on Mr Brenton Luke Pearce by the District Court following his guilty plea to one count of doing an act with intent to pervert the course of justice, contrary to Crimes Act 1900 (NSW), s 319. These are our reasons for that order.
-
We should say immediately that we regard the sentence, which was 18 months imprisonment to be served by way of an intensive correction order, accompanied by 100 hours of community service, as one which would have been manifestly inadequate if…
Continue reading R v Pearce
Sign in free to access the full text
- AGLC
- R v Pearce [2020] NSWCCA 61
- Case
- [2020] NSWCCA 61
- Decision Date
CaseChat Overview and Summary
The court examined the sentencing judge's approach and noted that the judge had carefully considered the relevant factors, including the nature of the offence, the offender's role, and the impact of the false statement. The court found no error in the sentencing judge's failure to find that Pearce instigated the idea of the false statement, as the evidence did not support such a finding. Regarding the assessment of objective seriousness, the court held that the sentencing judge had correctly evaluated the circumstances of the case and appropriately considered the impact of the false statement on the investigation. The court also found that the sentencing judge had adequately considered the full extent of Pearce's criminal conduct, as evidenced by the detailed sentencing remarks.
Given the thoroughness of the sentencing judge's assessment and the absence of any significant errors, the court dismissed the appeal. The sentence imposed was deemed appropriate in all the circumstances, reflecting the seriousness of the offence and the offender's role in attempting to pervert the course of justice.
Orders
Orders of the court
Full text does not contain this section.
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.