Event and Time
Event Description
- Defendant: The applicant
- Charges: Attempting to pervert the course of justice and committing an indictable offence whilst on bail.
- Plea Date: 31 October 2023
- Sentence Date: 20 November 2023
Application and Claims
- The applicant pleaded guilty to one charge of attempting to pervert the course of justice and a related summary offence of committing an indictable offence whilst on bail.
- The applicant claimed that the sentencing judge erred by not recognizing an additional sentencing discount for the guilty pleas due to the context of the COVID-19 pandemic.
Judicial Decisions
- The initial sentencing outcome was:
- Attempting to pervert the course of justice: 10 months’ imprisonment - Committing an indictable offence whilst on bail: 2 months’ imprisonment (to be served cumulatively) - Total effective sentence: 11 months’ imprisonment with a 24-month Community Correction Order (CCO).
- Upon appeal, the resentencing resulted in:
- Attempting to pervert the course of justice: 8 months’ imprisonment - Committing an indictable offence whilst on bail: 2 months’ imprisonment (to be served concurrently) - Total effective sentence: 8 months’ imprisonment with a 12-month CCO.
Dispute Points and Legal Basis
Dispute Points
- Applicant’s Claims:
- Asserted that the sentencing judge failed to recognize the weight of the COVID-19 pandemic in determining the appropriateness of the sentence discount for prompt guilty pleas. - Suggested that the appropriate sentences should have been lower than what was imposed initially.