R v Scott, Michael Vincent

The defendant, Michael Vincent Scott, was appealing against his sentence for attempting to pervert the course of justice. The appeal was heard in the Supreme Court of Queensland. Scott had been on trial for the murder of a man when a note he had written to a witness was intercepted. The note was intended to influence the witness's testimony, and Scott was subsequently charged and convicted of perverting the course of justice. Scott appealed his sentence, arguing that the court had not taken into account certain special circumstances and that the sentence was excessive.

The court had to decide whether the sentence for perverting the course of justice was appropriate given the totality of the circumstances, including the special circumstances pleaded, and whether the sentence could be considered excessive when compared to the sentence Scott would receive for the murder charge. The court also had to consider the difficulty of sentencing for the lesser offence after the defendant had already been sentenced for the more serious charge.

The court found that the sentence for perverting the course of justice was not excessive and took into account the totality of the circumstances. The court noted that the note was opportunistic and that Scott had not shown any remorse. The court also found that the difficulty of sentencing for the lesser offence after the sentence for the more serious charge was a relevant consideration, but that it did not outweigh the other factors. The court concluded that the sentence was appropriate and dismissed the appeal. The defendant was sentenced to full-time imprisonment, with full details provided in paragraphs 50 to 52 of the judgement.