Biddle NSWCCA 6.3.1997 | s.323(a) [7y] | PG | 8m PD Re-sentenced on breach to FT 9m | AA MT 25w AT 11w | dishonesty | Female offender faced public mischief and driving offences - threatened witness not to give evidence or offender would bring charges against witness' friend and "make things happen." Very difficult background |
Waskin (2003) 141 A Crim R 1 NSWCCA | s.323(a) [7y] | VG | Fine $2000 | Crown AA 18m PD | nil | Pharmacist used employee to deliver large quantities of Sudafed –– charged with drug offences – put pressure on employee to give misleading evidence to police. |
Lenard Fail [2006] NSWCCA 345 | s.323(a) [7y] Demand money with menaces s.99(1) s.323(a) [7y] Demand money with menaces s.99(1) | VG VG | 1y 11m NPP 1y 5m 2y 9m NPP 1y 2m Total: 3y 2m NPP 1y 7m 2y NPP 18m 3y NPP 1y 3m Total: 3y 6m NPP 1y 9m | Crown AA 3y NPP 18m 4y NPP 1y 7m Total: 4y 6m NPP 2y 1m 3y NPP 18m 4y NPP 1y 9m Total4y 6m NPP 2y 3m | | L's uncle stole goods from victim – both offenders subjected victim to extortion campaign demanding money in return for goods – further demanded victim change police statement in order to exculpate uncle |
Warby (2007) 171 A Crim R 575 | s.323(a) [7y] | PG (10%) | 2y NPP 18m | AA 1y 4m NPP 1y | Assault, sexual assault, driving – breached bond | Facing charges of larceny in Local Court – approached witness and said "just tell the cop I wasn't involved …" SJ erroneously sentenced for aggravated offence under s.324 |
Black
(19) [2008] NSWCCA 337 | s.323(a) [7y] | PG (20%) | 5y NPP 3y | AA 3y NPP 18m | Mal wound; car theft | From gaol sent witness threatening letters Substance abuse – difficult background – youth. |
Burton [2008] NSWCCA 128 | s.323(a) [7y] Common assault AOABH Common assault AOABH Detain with intent obtain advantage Common assault | PG (25%) | 3y GBB FT 3m FT 6m FT 9m FT 18m 2y 6m NPP 18m 2y GBB Total2y 9m NPP 1y 9m | Crown AA 3y NPP 2y FT 6m FT 9m FT 9m FT 18m 3y NPP 2y 6m FT 14m Total4y 6m NPP 3y | On parole. | Subjected partner to domestic violence – while in custody made number of persistent telephone calls to partner attempting to influence her to withdraw charges |
Asplund
(62) [2014] NSWCCA 237 | s.323(a) [14y] Possess child pornography | PG | 4y NPP 1y 6m FT 9m Total: 4y 9m NPP 2y 3m | AD | | Charged with offences relating to sexually explicit communication and grooming of 13y child – had 17y son write statement to police taking responsibility for communications – also had son obtain supporting statements from two friends – extended period of offending – found in possession of child pornography on computer |
Cross
(32) [2016] NSWCCA 214 | s.323(a) [14y] | PG (25%) | 5y NPP 3y | AA 3y 6m NPP 2y | On bond. | On remand for AOABH and reckless wounding against female ex-partner – made numerous phone calls to persuade victim to give false evidence, withhold true evidence and not attend as prosecution witness Good rehabilitation. On appeal - manifestly excessive - phone calls not accompanied by threats of violence |
Agnew (a pseudonym) [2018] NSWCCA 128 | s.323(a) [7y] | PG (combined – 1/3rd on appeal) | 1y 9m NPP 1y | AA 1y 4m NPP 11m | | Little factual information – offered victim a Mercedes car if he dropped charges against offender – repeated offer over phone – declined by victim Error made in relation to assessment of assistance |