R v Challis [2022] NSWDC 617

District Court New South Wales

Medium Neutral Citation: R v Challis [2022] NSWDC 617 Hearing dates: 6 March 2020 Date of orders: 9 December 2022 Decision date: 09 December 2022 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Term of imprisonment to be served by Intensive Correction Order. For orders see [89]. Catchwords: Do act/make omission intending to pervert the course of justice; fourteen year delay in sentencing. Legislation Cited: Bail Act 1978 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Disability Act 2006 (Vic) Cases Cited: Blanco v R (1999) 106 A Crim R 303; [1999] NSWCCA 121 DPP (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194 R v Fangaloka [2019] NSWCCA 173 R v Mahoney [2004] NSWCCA 138 R v Pullen (2018) 275 A Crim R 509; [2018] NSWCCA 264 R v Todd [1982] NSWLR 517 Taylor v R [2007] NSWCCA 99 Veen v R (No. 2) (1998) 164 CLR 465; [1988] HCA 14 Category: Sentence Parties: Director of Public Prosecutions (Crown) Darren Pater Challis (Offender) Representation: Solicitors: S Makin (Crown) T Johnson & M Betts (Offender) File Number(s): 2008/69467 Publication restriction: Nil.

REMARKS ON SENTENCE 1. The offender has pleaded guilty to a charge of do act/make omission intending in any way to pervert the course of justice pursuant to s319 of the Crimes Act 1900. The maximum penalty for the offence is 14 years imprisonment and there is no Standard Non-Parole Period prescribed. 2. The offence occurred between 7 May 2008 and 23 June 2008. There are two further charges that are the subject of a certificate pursuant to s166 of the Criminal Procedure Act 1986, namely: Sequence 3 - Fail to appear in accordance with bail undertaking Sequence 5 - Wilfully hinder/obstruct officer in execution of duty. 1. Those offences carry maximum penalties of 3 years imprisonment and 5 years imprisonment respectively. 2. The offence pursuant to s319 of the Crimes Act 1900, pervert the course of justice, was committed whilst the offender was on bail. The offence of resist police, Sequence 5, occurred whilst the offender was on parole. 3. The offender was arrested in respect of the offence of pervert the course of justice on 3 October 2008. Having been granted bail, he failed to appear, and that is the offence in Sequence 3 on the s166 Certificate. Following the sentence hearing the sentence was adjourned to 20 March 2020 when the offender failed to appear and a warrant was issued for his arrest. He was arrested on 28 November 2022 and has been custody since that time.