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These tables are intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Pervert the Course of Justice - s.319 Crimes Act

Section 319 Crimes Act
A person who does any act, or makes any omission, intending in any way to pervert the course of justice, is liable to imprisonment for 14 years. 

Case
(age if known)

OffencePleaSentenceAppealRecordFacts

Fuller
(23)

NSWCCA

13.7.1994

s.319PG

MT 8m

AT 2y

ADDriving and dishonesty offencesForged and presented at court five medical certificates to explain failure to attend periodic detention

Nomchong
(46)

NSWCCA

10.4.1997

s.319VG

36m

PD

Crown AA

MT 1y 3m

AT 1y 9m

 

Police sergeant had conversations with junior officer over several days attempting to interfere with investigation into motor vehicle accident – no personal gain

Good record – at serious risk in custody – loss of career

El-Mohamad

NSWCCA

7.10.1997

3 x s.319VG

MT 18m

AT 6m

ADNilMade false claims for injuries purported to be received from motor vehicle accident – attempted to induce two friends to give false evidence – induced 15y son of friends to give false evidence in court

Jordan
(23)

NSWCCA

3.11.1997

s.319

 

 

s.300(1)

PG

MT 1y 4m

AT 1y 8m

 

FT12m

(concurrent)

ADNil prior to fraud offencesBank teller had defrauded customer – on sentence produced cheque purporting to be full restitution – received lower sentence – had stopped cheque leading to police investigation – represented to police cheque stopped by bank error – masqueraded as bank manager and sent false letter confirming bank error

Bayeh

[1999] NSWCCA 82

s.319PG

MT 2y

AT 2y

AD Submitted false affidavit swearing that a person who was overseas at the relevant time had discharged a firearm

Irwin

[1999] NSWCCA 361

s.319

 

 

 

s.107 - Police Integrity Commission Act

PG

MT 12m

AT 4m

 

 

FT 12m

(concurrent)

Crown AA

MT 3y

AT 1y

 

FT 2y

(concurrent)

Nil

Police detective sergeant paid another police officer to wipe fingerprints from bag of drugs that would have implicated K – falsely denied talking to K at Police Integrity Hearing – one other police officer corrupted and attempt made to corrupt second officer

Death of wife led to emotional crisis – high level of remorse

Mrish

[2000] NSWCCA 17

s.319

 

 

s.319

 

Possess firearm

VG

 

 

 

 

PG

MT 2y 3m

AT 9m

 

FT 2y

 

FT 18m

 

(all concurrent)

ADnil

Brother charged with murder – sought addresses of witnesses for the purpose of intimidating them – also attempted to intimidate wife of brother's co-accused who was a potential witness – firearm found when charged with s.319 offences.

Prior good character.

Zreika
(18)

[2000] NSWCCA 75

s.319

 

 

s.322 - threaten witness

 

s.316 - conceal serious offence (robbery)

VG

MT 9m

AT 15m

 

FT 12m

 

 

FT 3m

 

Total

MT 1y 9m

AT 15m

ADFraud; driving offences.  On bail.Present during supermarket robbery and failed to give details to police (s.316) – threatened girlfriend who knew of involvement in robbery (s.319) – told another witness that he would be getting proceeds from robbery then later threatened witness he "would get her" (s.322).

Purtell
(44)

(2001) 120 A Crim R 317

s.319PG

s.10 non-conviction

2y GBB

Crown AA.

Conviction entered -

2y GBB

 

Charged with assault and malicious damage – provided court with forged testimonial from his previous partner which resulted in more lenient sentence than would have been imposed.

Good character – Deputy Mayor of Council – impressive community service.

Marinellis

[2001] NSWCCA 328

s.319

 

 

s.319

PG

(15%)

20m

NPP 12m

 

20m

NPP 12m

(concurrent)

AD Charged with sexual assault – asked female acquaintance to provide false alibi and to give false evidence –approached another acquaintance asking for similar help in return for payment.

Giang
(22)

[2001] NSWCCA 276

s.319PG

1y 3m

NPP 8m

ADSteal from person

Agreed to give false evidence for friend who was involved in a fight - did not initiate offence and would not gain from offence – motive only to help friend.

Early plea – good prospects rehabilitation – good academic and work qualifications.

Reeves

[2002] NSWCCA 33

s.319PG

18m suspended

 

On breach sentenced to

18m

NPP 12m

AA

15m

NPP 9m

dishonesty

Female - in custody on another charge – removed two commitment warrants regarding brother's custody resulting in his early release

Stale offence (1995) – rehabilitation

Giovannone

(2002) 140 A Crim R 1

s.319VG

15m

NPP 6m

AD 

Asked police officer for protection from arrest for acquaintance dealing drugs on offender's behalf.

(Note: separate conviction for an offence against s.249B 'Corrupt commissions or rewards' quashed on appeal)

Zreika
(26)

(2003) 138 A Crim R 95

s.319PGFT 5y

AA

5y

NPP 3y 9m

SMV; possess proh weaponMade written request from gaol to female associate to alter her evidence at forthcoming trial – material intercepted by prison officers and police.

Nguyen
(30)

(2004) 149 A Crim R 343

s.319PG

1y 10m

suspended

Crown AA

18m PD

Nil

Detective Sergeant in police force - wife arrived in Sydney from overseas with stolen mobile phones discovered by Customs – convinced a relative to collect  phones - prepared false documentation – relative arrested – convinced relative to plead guilty - significant form of pervert course of justice

On appeal - too much weight given to subjective features.

Harrigan

[2005] NSWCCA 449

s.319

 

s.52A(3)

PG

(20%)

FT 18m

 

4y 9m

NPP 3y 3m

 

Total

6y 3m

NPP 4y 9m

ADLengthy, but no offences since 1992.Committed dangerous driving offence – failed to stop – drove to transport company depot seeking crow bar to remove damaged mudguard from car – asked two friends to give false evidence to police including that car had been stolen.

Finnie
(59)

[2007] NSWCCA 38

s.319VG

1y 6m

NPP 9m

AD

Crown AD

fraudGave false evidence at bail hearing that he needed treatment for prostate cancer – made false statements to doctor.

Taylor
(27)

[2007] NSWCCA 99

s.319

 

s.319

 

Mal wound

PG

Individual sentences unclear

 

Total

5y 6m

NPP 4y 6m

AD 

Stabbed victim who owed friend money – convinced girlfriend to give false evidence that another person had stabbed victim – persuaded mother to say that his jumper belonged to other person and asked mother to have acquaintance give false evidence

Unemployed – drug abuse.

Einfeld

(2010) 200 A Crim R 1

s.319

 

 

Perjury

PG

(12.5%)

2y 3m

NPP 15m

 

21m

NPP 14m

 

Total:

3y

NPP 2y

AD 

Offender's car recorded by speed camera – gave evidence in Local Court denying he had been driving (perjury) - when giving evidence identified another person as driver of car – person nominated was deceased - provided written statement to police which was false in number of particulars (pervert course of justice)

Former barrister and Judge - status and experience rendered offences more serious

Tourni
(24)

[2010] NSWCCA 317

s.319

 

 

 

s.87 ICAC Act

 

s.87 ICAC Act

 

Sched:

3 x s.87 ICAC Act

PG

20m

NPP 12m

 

 

FT 6m

 

FT 6m

 

Total

2y

NPP 16m

AA

16m

NPP 6m 26d

 

FT 6m

 

FT 6m

 

Total

20m

NPP 10m 26d

Driving offences - lengthy

Gave false information in relation to involvement in scheme by probation and parole officer falsifying community service sheets – falsified 2 community service time sheets (s.319) – false entries used in preparation of Pre-Sentence Report tendered at subsequent hearing for driving offence – favourable report supported imposition of suspended sentence

Delay – evidence of rehabilitation

On appeal - NPP further reduced because applicant released to appeal bail and not appropriate to return to custody for 35 days

Winter
(52)

[2011] NSWCCA 59

s.319

 

s.319

VG

FT 2y

 

4y

NPP 2y

 

Total:

5y

NPP 3y

ADLengthy.  Dishonesty, Make false representation, driving

Female offender - son facing criminal charges - made a statement purporting to be retraction of evidence by a witness – made phone and text message threats to same witness that witness' mother and daughter would be hurt if he gave evidence.

Mother of three – physical health problems

King

[2011] NSWCCA 274

s.319

 

 

Perjury

PG

(10%)

 

(25%)

16m

NPP 12m

 

FT 12m

 

Total:

2y 3m

1y 11m 3 weeks

ADB&E, malicious damage, larceny, arson

Convicted of arson offence – claimed brother's death affecting him at time of arson offence – brother had died after arson - falsified newspaper report in respect of date of brother's death – immature attempt to get undeserved sympathy for offence of real gravity - not designed to help him or another to escape conviction – lie easily discovered.

Appalling childhood - intellectual functioning at lower end of average.

Moore
(40)

[2012] NSWCCA 3

s.319

PG

(25%)

18m

NPP 6m

Crown ADLengthy record

Sought bail variation to attend work course in different town – produced forged letter from employer – lower end of scale of seriousness

Bi-polar disorder

Sentence partially cumulative to sentences for driving offences – extended head sentence by 4 months - no extension of NPP

Church

[2012] NSWCCA 149

s.319VG

2y 8m

NPP 1y 4m

ADAOABHConvicted of AOABH offence – misled magistrate by pretending to have cancer – magistrate imposed bond due to offender's supposed medical condition.

Michael
(26)

[2014] NSWCCA 2

s.319VG

2y 3m

NPP 15m

ADnil

Advised male being questioned by police to lie about being driver of a car – legal clerk acting as legal representative - weakened prosecution case against third party on serious offences

Difficult childhood – loss of potential legal career – strong subjective case

Stafford

[2014] NSWCCA 6

s. 319

 

 

s.53 (furious driving)

 

s.53 (furious driving)

 

PG

(25%)

1y 10m

NPP 10m

 

FT 3m

 

FT 3m

 

Total:

2y

NPP 1y

AD 

Driver of vehicle involved in confrontation with occupants of another vehicle – initially told police and signed statement claiming to be passenger – later admitted he was driver.

ADHA – bipolar condition – troubled youth.

Glover
(27)

[2015] NSWCCA 293

s. 319 (conspiracy)VG

3y

NPP 2y 3m

ADRobbery in company, possess implements

Brother charged with armed robberies, refused bail - at brother's request offender and co-offender threatened potential witness in effort to have him change version of events – real and direct threats of violence.

Drug and alcohol abuse – serving custodial sentence for robbery in company offences.

Hart

[2016] NSWCCA 71

s.319

 

 

s.319

 

s.319

 

s.319

 

s.319

 

Sched:

5 x s.319

PG

(10%)

Indicative

1y 10m

 

1y 10m

 

1y 10m

 

1y 10m

 

2y 3m

 

Agg

2y 9m

NPP 1y 10m

ADDriving, PCA offences

Barrister made false statements to courts – effect was removal of matters from one court to another on basis of false statements – statements made to achieve better outcome for client – "judge-shopping" - admissions made to ICAC inquiry.

Alcohol problems - support of family and colleagues.

Reid
(37)

[2016] NSWCCA 151

s.319

PG

(25%)

2y 6m GBB

Crown AD

in exercise of discretion

Driving offence

Provided false statement of alibi for friend in relation to assault offence and AVO – committed offence because afraid of friend and friend was his ice supplier

Evidence of rehabilitation – offence out of character

Judge erred in assessing seriousness as low - discretion based on ongoing evidence of rehabilitation and mental state

Issa
(53)

[2017] NSWCCA 188

s.319

 

 

s.319

 

s.319

 

s.319

 

s.319

 

s.195(1)(b) (intent damage property by fire)

 

s.195(1)(b)

 

s.195(1)(b)

 

s.195(1)(b)

 

s.195(1)(b)

 

s.35(1) (reck cause GBH in company)

VG

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PG

(12.5%)

Indicative

7y

 

8y

 

7y

 

7y

 

7y

 

3y

 

 

 

3y

 

4y

 

3y

 

4y

 

7y

NPP 5y 3m

 

Agg

12y

NPP 9y

ADNilOn 5 separate occasions firebombed one commercial and four residential properties with intention of frustrating legal proceedings commenced against offender's company – deliberate, persistent and brazen conduct over two months – risk to occupants – in company of two men assaulted another victim who had commenced legal proceedings against company

Last updated: 26/10/2017

 

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