The Queen v Corocher [2020] NFSC 2

SUPREME COURT OF NORFOLK ISLAND

The Queen v Corocher [2020] NFSC 2 File number: SCC 2 of 2020

Judgement of: WIGNEY J

Date of judgment: 21 September 2020

Catchwords: CRIMINAL LAW – one count of obtaining a financial advantage by deception contrary to s 209 of the Criminal Code 2007 (NI) – offence committed on Norfolk Island CRIMINAL LAW – sentence – purposes of sentencing – whether desirable to suspend sentence pursuant to s 39 of the Sentencing Act 2007 (NI)

Legislation: Criminal Code 2007 (NI) s 209 Sentencing Act 2007 (NI) ss 5(1), 5(2), 5(2)(a), 5(2)(b), 5(2)(d), 5(2)(f), 5(2)(g), 5(2)(h), 5(2)(l), 39(6)(b), 42

Cases cited: Allie v The State of Western Australia [2016] WASCA 6 Hili v The Queen (2010) 242 CLR 520 Marasco v The Queen [2016] VSCA 85 R v Allen [2005] QCA 73 R v Guillevic [2011] QCA 273

Date of hearing: 21 September 2020

Category: Catchwords

Number of paragraphs: 61

Counsel for the Prosecutor: Ms H von Forell

Solicitor for the Prosecutor: Commonwealth Director of Public Prosecutions

Solicitor for the Offender: Dodd, Bedford & Associates

ORDERS SCC 2 of 2020

BETWEEN: THE QUEEN Prosecutor

AND: SHAWN MICHAEL COROCHER Offender

JUDGE: wigney J DATE OF ORDER: 21 september 2020

THE COURT ORDERS THAT:

1. The offender, Shawn Michael Corocher, is convicted on one count under s 209 of the Criminal Code 2007 (NI). 2. The offender is sentenced to imprisonment for two years and six months to commence on 21 September 2020 and end on 21 March 2023. 3. The sentence of imprisonment imposed on the offender is suspended pursuant to s 39 of the Sentencing Act 2007 (NI), such suspension to commence on 21 September 2021, after the offender has served 12 months imprisonment and be subject to the condition referred to in order 5. 4. For the purposes of subs 39(6)(b) of the Sentencing Act 2007 (NI), the period during which the offender is not to commit another offence punishable by imprisonment if he is to avoid being dealt with under s 42 of the Sentencing Act 2007 (NI) is 21 September 2021 to 21 March 2023 (the operative period). 5. The suspension of the offender's sentence is subject to the condition that he be of good behaviour during the operative period. THE COURT NOTES THAT: 1. It is recommended that, in accordance with the clinical report tendered on behalf of the offender, the offender be assessed and treated by Justice Health as soon as possible and, if desired by the offender, for him to be placed in protective custody. 2. The offender to serve to his custodial sentence in NSW pursuant to s 5 of the Removal of Prisoners Act 2004 (NI).