The Queen v Corocher

Case [2020] NFSC 2


SUPREME COURT OF NORFOLK ISLAND

The Queen v Corocher [2020] NFSC 2

File number: SCC 2 of 2020
Judgement of: WIGNEY J
Date of judgment: 21 September 2020
Catchwords:

CRIMINAL LAW – one count of obtaining a financial advantage by deception contrary to s 209 of the Criminal Code 2007 (NI) – offence committed on Norfolk Island

CRIMINAL LAW – sentence – purposes of sentencing – whether desirable to suspend sentence pursuant to s 39 of the Sentencing Act 2007 (NI)

Legislation:

Criminal Code 2007 (NI) s 209

Sentencing Act 2007 (NI) ss 5(1), 5(2), 5(2)(a), 5(2)(b), 5(2)(d), 5(2)(f), 5(2)(g), 5(2)(h), 5(2)(l), 39(6)(b), 42

Cases cited:

Allie v The State of Western Australia [2016] WASCA 6

Hili v The Queen (2010) 242 CLR 520

Marasco v The Queen [2016] VSCA 85

R v Allen [2005] QCA 73

R v Guillevic [2011] QCA 273

Date of hearing: 21 September 2020
Category: Catchwords
Number of paragraphs: 61
Counsel for the Prosecutor: Ms H von Forell
Solicitor for the Prosecutor: Commonwealth Director of Public Prosecutions
Solicitor for the Offender: Dodd, Bedford & Associates

ORDERS

SCC 2 of 2020
BETWEEN:

THE QUEEN

Prosecutor

AND:

SHAWN MICHAEL COROCHER

Offender

JUDGE:

WIGNEY J

DATE OF ORDER:

21 SEPTEMBER 2020

THE COURT ORDERS THAT:

1.The offender, Shawn Michael Corocher, is convicted on one count under s 209 of the Criminal Code 2007 (NI).

2.The offender is sentenced to imprisonment for two years and six months to commence on 21 September 2020 and end on 21 March 2023.

3.The sentence of imprisonment imposed on the offender is suspended pursuant to s 39 of the Sentencing Act 2007 (NI), such suspension to commence on 21 September 2021, after the offender has served 12 months imprisonment and be subject to the condition referred to in order 5.

4.For the purposes of subs 39(6)(b) of the Sentencing Act 2007 (NI), the period during which the offender is not to commit another offence punishable by imprisonment if he is to avoid being dealt with under s 42 of the Sentencing Act 2007 (NI) is 21 September 2021 to 21 March 2023 (the operative period).

5.The suspension of the offender’s sentence is subject to the condition that he be of good behaviour during the operative period.

THE COURT NOTES THAT:

1.It is recommended that, in accordance with the clinical report tendered on behalf of the offender, the offender be assessed and treated by Justice Health as soon as possible and, if desired by the offender, for him to be placed in protective custody.

2.The offender to serve to his custodial sentence in NSW pursuant to s 5 of the Removal of Prisoners Act 2004 (NI).


REASONS FOR JUDGMENT
(Delivered ex tempore, revised from transcript)

WIGNEY J:

  1. On 15 April 2020 in the Court of Petty Sessions, Norfolk Island, the offender, Shawn Michael Corocher, pleaded guilty to a single charge of obtaining a financial advantage by deception contrary to s 209 of the Criminal Code 2007 (NI).  He was committed to…

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The Queen v Corocher [2020] NFSC 2
Case
[2020] NFSC 2
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CaseChat Overview and Summary

The case involved Shawn Michael Corocher, who was charged with obtaining a financial advantage by deception, a criminal offence under section 209 of the Criminal Code 2007 (NI). The alleged offence occurred on Norfolk Island, and the matter was heard in the Norfolk Island Supreme Court. The central issue before the court was whether it was appropriate to suspend the sentence of imprisonment imposed on Corocher in accordance with section 39 of the Sentencing Act 2007 (NI).

The court had to consider the purposes of sentencing and whether the imposition of a suspended sentence would be desirable in this case. In reaching its decision, the court took into account the clinical report tendered on behalf of Corocher, which recommended that he be assessed and treated by Justice Health. The court also noted the recommendation that, if desired by Corocher, he be placed in protective custody.

After considering all relevant factors, the court found Corocher guilty on one count of obtaining a financial advantage by deception. He was sentenced to imprisonment for two years and six months, to commence on 21 September 2020 and end on 21 March 2023. However, the sentence was suspended pursuant to section 39 of the Sentencing Act 2007 (NI), with the suspension to commence on 21 September 2021, after Corocher had served 12 months imprisonment. The suspension was subject to the condition that Corocher be of good behaviour during the operative period, which was from 21 September 2021 to 21 March 2023. The court also noted that it was recommended that Corocher serve his custodial sentence in New South Wales pursuant to section 5 of the Removal of Prisoners Act 2004 (NI).

Orders

Orders of the court

1. The offender, Shawn Michael Corocher, is convicted on one count under s 209 of the Criminal Code 2007 (NI).

2. The offender is sentenced to imprisonment for two years and six months to commence on 21 September 2020 and end on 21 March 2023.

3. The sentence of imprisonment imposed on the offender is suspended pursuant to s 39 of the Sentencing Act 2007 (NI), such suspension to commence on 21 September 2021, after the offender has served 12 months imprisonment and be subject to the condition referred to in order 5.

4. For the purposes of subs 39(6)(b) of the Sentencing Act 2007 (NI), the period during which the offender is not to commit another offence punishable by imprisonment if he is to avoid being dealt with under s 42 of the Sentencing Act 2007 (NI) is 21 September 2021 to 21 March 2023 (the operative period).

5. The suspension of the offender’s sentence is subject to the condition that he be of good behaviour during the operative period.

THE COURT NOTES THAT:

1. It is recommended that, in accordance with the clinical report tendered on behalf of the offender, the offender be assessed and treated by Justice Health as soon as possible and, if desired by the offender, for him to be placed in protective custody.

2. The offender to serve to his custodial sentence in NSW pursuant to s 5 of the Removal of Prisoners Act 2004 (NI).

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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