Perverting the Course of Justice

-  Maximum penalty: 25 years’ imprisonment

Case / Date / Disposition Type / Head Sentence / Orders / Individual Sentences / Plea / Offence / Appeal Status
Middleton & Ors [2017] VCC 887
RC
(resentenced on appeal)
Other offender located in Armed Robbery / 28 June 2017 / Custodial / 27 months (2 years 3 months)
NPP – 18 months (1 year 6 months) / Attempting to pervert the course of justice (3 years)
Committing an indictable offence while on bail (1 month) / G (early) / Offending – SHM was a member of an outlaw motorcycle gang and was involved in an armed robbery on V.
After SHM was charged, the four offenders SHM, RC, SIM and AA contacted each other and discussed how to get V to change his statement. 47 calls and messages were made over the course of four months.
AA then met V at V’s workplace and told V to change his statement, implying that SHM would not be happy and that SIM could give him $5000 to change the statement. AA demanded V’s phone number before leaving. Willing participant.
Offending – prior unrelated convictions, 28 y female, excellent prospects of rehabilitation / Appeal against sentence allowed (manifest excess)
[2018] VSCA 23
15 February 2018
case summary
Middleton & Ors [2017] VCC 887
SIM
(resentenced on appeal)
Other offender located in Armed Robbery / 28 June 2017 / Custodial / 24 months (2 years)
NPP – 15 months (1 year 3 months) / Attempting to pervert the course of justice / G (early) / Offending – SHM was a member of an outlaw motorcycle gang and was involved in an armed robbery on V.
After SHM was charged, the four offenders SHM, RC, SIM and AA contacted each other and discussed how to get V to change his statement. 47 calls and messages were made over the course of four months.
AA then met V at V’s workplace and told V to change his statement, implying that SHM would not be happy and that SIM could give him $5000 to change the statement. AA demanded V’s phone number before leaving. Essential role.
Offending – prior unrelated convictions, 30 y male, excellent prospects of rehabilitation, alcohol and drug use, good prospects of rehabilitation, character reference, family support / Appeal against sentence allowed (manifest excess)
[2018] VSCA 23
15 February 2018
case summary
Yeend [2017] VCC 765 / 5 June 2017 / Custodial / 15 months (1 year 3 months) (6 months cumulative on 20 month (1 year 8 month) sentence O currently serving)
New NPP – 18 months (1 year 6 months) / Attempting to pervert the course of justice / G (early) / Offending – O had been charged with contravening a family violence order by attending the residence of a protected person. At the case conference O denied these actions and said that he had been involved in a collision with another vehicle at the relevant time, and provided a tow invoice from a towing company as proof.
The prosecutor investigated and determined the story was false. It was later revealed that O’s partner had approached an employee from the towing company to write out a false invoice. O had prepared the false invoice in advance for use in the likelihood that he would be charged for the breach. Premeditation and planning. Serious offending. Level of sophistication.
Offender – on CCO at time of offending, on family violence order at time of offending, prior convictions for contravention, driving and drug offences, 28 y male, drug use, rehabilitation programs, guarded prospects of rehabilitation, delay
Maalin [2017] VCC 1191 / 25 August 2017 / Combination / 12 months (1 year)
18 months (1 year 6 months) CCO:
-  Supervision
-  Drug assessment and treatment
-  Alcohol assessment and treatment
-  Offending behaviour programs / Attempt to pervert the course of justice x 2;
Recklessly causing injury;
Attempted robbery x 2;
Theft;
Common assault;
Threat to property;
Contravening bail condition; and
Harassing a witness x 2 (aggregate sentence – 12 months imprisonment and 18 month CCO) / G (early) / Offending – O went to a convenience store with a friend and began arguing with the employee (V). O demanded money from V, who tried to call the police. O grabbed the phone and threw it on the ground, then held up a clenched fist, making a further demand for cash.
O then grabbed V by the arm and hair and pushed her to the ground, threw around a few items and left with a beanie and a pair of woollen gloves.
Later that night, the two returned to the store. O was wearing a balaclava, and jumped the counter, grabbing a bucket which contained the day’s takings and tried to exit. O and V began scuffling, and V then locked them both in the store until the police came. O then took a can of energy drink from the fridge, drank some and poured it over V’s head three times.
O was arrested and bailed with the condition that he not return to the store or contact V. O went back to the store and asked V to drop the case three or four times, and V refused. O returned the next day with his mother (CO), and offered to pay V money if she would withdraw the charges.
The day after, O returned, yelling and asking if V would drop the charges. V refused, and O threatened to burn down the shop and damage her car. O returned that same evening and told V that he was a gangster and would be able to get the charges dropped himself. High moral culpability.
Offender – on bail at time of offending, prior convictions for property, violence and breach offences, 24 y male, alcohol and drug use, youthful offender
Clayton [2017] VCC 590 / 12 May 2017 / Custodial / 6 months / Attempt to pervert the course of justice (4 months)
Using a false document (course of conduct) (3 months)
Obtaining property by deception (course of conduct) (3 months)
Handling stolen goods (3 months) / G / Offending – O successfully obtained a new mobile phone contract by providing a false police identification for verification. O had also purchased three stolen blank medical certificates for $100.
After O was arrested and released on bail, he filled in two of the certificates claiming to be a doctor and a nurse, and stating that he was unable to attend court as he was scheduled to have surgery. O sought to obtain an adjournment for at least six weeks.
O then went to the Magistrates Court, told the registrar that he was his twin, and provided the two certificates to the registrar.
No real financial loss. Lowest level of offending. O wanted to get an adjournment to take care of his partner, who had mental health issues.
Offender – prior convictions for dishonesty offences, subsequent offences, 54 y male, lockdown
Hasenkamp (a pseudonym)
[2016] VCC 688 / 20 May 2016 / Custodial / 6 months / Attempting to pervert the course of justice / G (early) / Offending – O allegedly committed an assault on his partner while he was on parole. O’s parole was cancelled and the Parole Board reinstated a period of 704 days for O to serve in custody. Over 5 day period O made phone calls to his partner from prison asking her to retract the statement she made to police and to tell police and the Parole Board that she had lied in her statement. O’s partner subsequently provided a statement to police to the effect that the assaults did not occur. Unsophisticated offending. O knew that his phone calls were being recorded and persevered nonetheless.
Offender – Prior convictions, pending matters, male, remorse, totality, bipolar disorder likely to have contributed to offending, partner and children, not optimistic about rehabilitation prospects.
Tansey
[2016] VCC 1051 / 21 July 2016 / Custodial / 5 months / Attempting to pervert the course of justice (rolled-up) / G (early) / Offending – O sent six false medical certificates on three separate occasions over seven days to Drug Court in bid to avoid consequences of failing to comply with drug treatment order in Magistrates' Court. False medical certificates appeared to be authentic and had appropriate letterhead. Certificates not prepared by O. Conduct involved some planning and was deliberative. Potential to undermine interests of justice. Deceit uncovered by authorities in most timely fashion.
Offender – Prior convictions, when re-sentenced on matters for which O received drug treatment order magistrate took into account extent of compliance with order which included provision of the false medical certificates, police ought to have been in a position to charge O with current offence when O’s prior matters dealt with, delay, onerous custody due to anxiety as to outcome of proceedings, 25 y male, sad background, sporadic work, drug use, O has not taken advantage of past dispositions designed to help rehabilitate him, plan to obtain work and be devoted father, support of mother, completion of courses and cessation of drug taking in custody, totality, most guarded rehabilitation prospects.
Cardamone [2017] VCC 1367 / 22 September 2017 / Custodial / 4.64 months (141 days) (time served) / Attempt to pervert the course of justice / G / Offending – O’s son (M) had murdered O’s neighbour (K). When police investigated, M told numerous false accounts designed to mislead police and incriminate others, including a former accomplice turned prosecution witness (G). M intended to hire a hitman to kill G, make his death look like a suicide, and leave a suicide note claiming responsibility for K’s murder. An undercover police officer (PCO) was sent to act as a hitman.
M contacted O to withdraw money from O’s account to pay PCO as the first down payment. This occurred over a series of telephone calls.
O was the conduit for the transfer of money. No knowledge of its use or M’s intent to murder. Vulnerable to M’s manipulation.
Offender – no prior convictions, moral culpability Verdins, 78 y female, depression, deterioration of mental health, breast cancer diagnosis and surgical treatment, knee surgery, dementia symptoms, cognitive deterioration, moderation of general deterrence, moderation of specific deterrence, increased custodial burden, age of offender
Lam [2017] VCC 612 / 17 May 2017 / Custodial / 3 months (concurrent upon sentence O currently serving) / Attempt to pervert the course of justice / G (early) / Offending – O had been subject to a drug treatment order for number of drug and dishonesty offences. During that time, he failed to attend four urine screens, and provided his case manager with a forged medical certificate to escape the nine days imprisonment that would have been imposed.
O later contacted his case manager, admitted the forgery and apologised. O was then given the original nine days imprisonment as well as three additional days imprisonment for the forgery. O had wanted to avoid imprisonment as he feared reprisal and assaults by associates in prison. Dishonest and calculated behaviour. Gross breach of trust.
Offender – offence committed while on drug treatment order, male offender, punished in drug court
Haywood
[2016] VCC 123 / 18 February 2016 / Custodial / 3 months / Attempting to pervert the course of justice (3 months); and
Breach of family violence intervention order (1 month). / G / Offending – Over 2 week period O made series of telephone calls to V (O’s former partner) whilst O was on remand in relation to a recent significant assault on V. O attempted to persuade V to withdraw or change her statement to police about the circumstances of assault in order to make situation look better for O. Family violence intervention order in place prohibiting O from putting such pressure on V. Calls did not contain any threats. V did not suffer great harm. Potential harm to justice system.
Offender – Prior conviction for breach of restraining order, subsequent conviction for assault on V, totality, male, disrupted and difficult childhood, drug use, onerous custody due to lockdown and separation from daughter, completion of courses in custody, support of family, O interested in resuming relationship with daughter which will require compliance with DHS requirements such as undergoing drug and alcohol treatment, employment prospects, reasonable rehabilitation prospects.
Chapple [2016] VCC 1275 / 29 August 2016 / Custodial / 2.79 months (85 days) (time served) / Attempting to pervert the course of justice / G / Offending – O punched a man as a result of dispute between them in relation to him reversing his car whilst O and his pregnant partner were riding past on bicycles. O’s associate drove past them when incident occurred. O and his partner prevailed upon their associate to make statement to police that was intended to avoid O being prosecuted for assaulting the man. Subsequently their associate made truthful statement to police retracting what she had said in her first statement. Lower end of seriousness.
Offender – Extensive prior convictions, pending matters, no offending since released from prison, schizophrenia, 26 y male, disturbed childhood, drug use, medication, remorse, O and his partner under considerable amount of personal pressure, recently obtained public housing after being on waiting list for over 10 years, O and partner hope to gain custody of their two children, employment, support of mother, guarded rehabilitation prospects.
McGowan [2017] VCC 1418 / 2 October 2017 / Custodial / 1.12 months (34 days) (time served) / Attempt to pervert the course of justice (27 days)
Failing to appear on bail (7 days)
Possess a drug of dependence (proved and discharged) / G / Offending – O was living with her mother (M), brother (B) and partner (L). B and L were arrested on kidnapping charges, and B made confessional statements to police. The night before L’s contested committal, where B was a witness, O had sent M a lengthy text message and several calls, making threats to M and B over his evidence.
Police arrested O and discovered 6.2g of cannabis in her possession. O was arrested and later released on bail, but failed to appear at her court date.