R v Croke [2020] NSWDC 460

District Court New South Wales

Medium Neutral Citation: R v Croke [2020] NSWDC 460 Hearing dates: 25 June 2020 Decision date: 16 July 2020 Jurisdiction: Criminal Before: H. L. Syme DCJ Decision: Aggregate term of 5 years, 9 with a non-parole period of 3 years, 9 months commencing on 5 May 2020 Catchwords: Pervert the course of justice; Participate in criminal group; Solicitor; Covid 19 Legislation Cited: Crimes (Sentencing and Procedure) Act Cases Cited: R v Purtell (2001) 120 A Crim R 317 R v Chapman (Unrep, 21/5/98, NSWCCA) R v Pangallo (1991) 56 A Crim R 441 Hart v Attorney-General For New South Wales [2016] NSWCCA 71 Einfeld v Regina [2010] NSWCCA 87 Texts Cited: Legislative Assembly Hansard 17 May 1990 p 3691 Category: Sentence Parties: Regina – Crown Michael Anthony Croke - Offender File Number(s): 2015/00266348 Publication restriction: Nil

Judgment 1. On the 20th April 2020 Mr Croke was found guilty by a jury of the following offences: Count 1. On the 4th April 2012 he made a false representation with intent in any way to pervert the course of justice. Count 2. On the 4th April 2012 he published a statement which was false or misleading with the intent of obtaining a financial advantage. Count 3. On the 15th April 2012 he published a statement, a statutory declaration, which was false or misleading statement with the intent of obtaining a financial advantage. Count 4. On 14 May 2012 he published a statement, a tax return, which was false or misleading in a material particular, with the intent of obtaining a financial advantage. Count 5. On the 28th May 2014 made a false assertion with intent to pervert the course of justice. Count 6. Between the 9th April 2012 and the 30th November 2014 he participated in a criminal group with Andrew Mc Manus and Owen Hanson and Craig Haeusler, knowing at the time that his participation contributed to the occurrence of criminal activity. 1. The maximum penalties for the offences in which the intent was to pervert the course of justice (Counts 2 & 5) is 14 years. The maximum penalty for the offences where the intent is to obtain a financial advantage (counts 1, 3 & 4) and being a member of a criminal group (count 6) is 5 years.