Treloar v The King

In the matter of Treloar versus The King, the applicant sought leave to appeal against a sentence imposed by a trial judge in the County Court. The applicant had pleaded guilty to attempting to pervert the course of justice. The offending arose from the applicant providing a false document to the prosecution in the context of defending theft charges brought against them in the Magistrates’ Court. The applicant sought to have the appeal allowed on the basis that the trial judge had erred by taking into account the false evidence given by the applicant in support of their defence of the charges. The Court of Appeal was required to consider whether the trial judge had erred in taking into account the false evidence provided by the applicant in support of their defence of the charges.

The Court of Appeal held that the trial judge had indeed erred in taking into account the false evidence provided by the applicant in support of their defence of the charges. The Court found that the trial judge had failed to properly consider the principles set out in R v De Simoni and R v Newman, which require that a court consider the gravity of the offence of attempting to pervert the course of justice and the circumstances in which the offence was committed. The Court found that the trial judge had placed undue weight on the false evidence provided by the applicant and had not adequately considered the principles set out in the relevant authorities. The Court of Appeal allowed the appeal and remitted the matter to the County Court for resentencing.

The Court of Appeal granted leave to appeal and allowed the appeal, and remitted the matter to the County Court for resentencing. The Court did not provide any specific guidance on the appropriate sentence to be imposed by the County Court. The applicant was therefore required to return to the County Court for resentencing, with the possibility that the sentence imposed may differ from that originally imposed by the trial judge. The Court did not make any orders in relation to costs.