R v Heaven [2020] NSWDC 347

District Court New South Wales

Medium Neutral Citation: R v Heaven [2020] NSWDC 347 Hearing dates: 3 April 2020 Decision date: 03 April 2020 Jurisdiction: Criminal Before: King SC DCJ Decision: Convicted. Form 1 matter taken into account on sentence imposed. Sentenced to a term of imprisonment for 3 years and 9 months comprising a NPP 2 years, 9 months and 21 days to commence on 24 May 2019 and to expire on 16 March 2022 on which date the offender is eligible for parole, and a balance of term of 11 months and 7 days to expire on 23 February 2023. Catchwords: CRIME – Sentence - witness agree to accept a benefit to procure the acquittal of a person of a serious indictable offence - larceny – seriousness of offence - importance of protecting the integrity of the criminal justice system – relevance of whether offender was instigator – relevance of nature of reward & of the serious indictable offence it was intended to achieve an acquittal of - the offender as victim a key prosecution witness – degree of planning/premeditation - subjective matters Legislation Cited: Crimes Act 1900 Cases Cited: Cross v R [2016] NSWCCA 214 Einfeld v R [2010] NSWCCA 87 Khoury v R [2011] NSWCCA 88 Marinellis v R [2006] NSWCCA 307 R v Einfeld [2009] NSWSC 119 R v Kim NSWCCA (5 September 1996 Unreported); R v Reid [2016] NSWCCA 151 R v Taouk [1992] 65 A Crim R 3392 R v Thomson; R v Houlton (2000) 49 NSWLR 383 Cross v R [2016] NSWCCA 214 Category: Sentence Parties: Regina Heaven, Christopher Representation: Solicitors: Crown: Mr D Waldmann Defence: Mr J Hall File Number(s): 2019/162853