Rodgers v The State of Western Australia

The appellant, Gary Martin Rodgers, appealed against his conviction and sentence for conspiracy to pervert the course of justice, contrary to s 135 of the Criminal Code (WA). The appeal against conviction was allowed and a judgment of acquittal entered, while the appeal against sentence was dismissed. The Court found that the State had not proved beyond reasonable doubt that the appellant agreed to threaten, cajole, or intimidate the victim, Jack Ryan Tonta, to give a false statement. However, the Court found that the State had proved beyond reasonable doubt that the appellant had entered into an agreement to procure a false statement from Mr Tonta. The Court held that the agreement the State was required to prove was substantially different from the agreement the evidence established, and thus the conviction could not stand. The Court granted an extension of time to appeal and leave to appeal against the conviction, but refused leave to appeal against the sentence.