R v Black [2007] NSWDC 234

New South Wales District Court

CITATION: R v Black [2007] NSWDC 234

HEARING DATE(S): 03/09/07 27/09/07

JUDGMENT DATE: 27 September 2007

JURISDICTION: Criminal

JUDGMENT OF: Conlon SC DCJ

DECISION: CONVICTED: Sentenced to a non-parole period of 3 years with an additional term of 2 years imprisonment

CATCHWORDS: Influence person to be called as witness in judicial proceedings

LEGISLATION CITED: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW)

PARTIES: Crown Michael Stephen Black (Accused)

FILE NUMBER(S): 07/41/0008

SOLICITORS: Mr A Kernaghan (Crown) Mr G Morrison (Accused)

JUDGMENT

1 HIS HONOUR: The offender Michael Black appears for sentence following his plea of guilty to a charge of doing any act intending to influence a person to be called as a witness in judicial proceedings so as to not give evidence. The offence is contrary to s 323(A) of the Crimes Act and carries a maximum penalty of seven years imprisonment.

2 The facts are that the offender stood trial at the Wollongong District Court on 5 June 2006 on a charge commonly referred to as car jacking. James Koning and his partner, Rebecca Noakes were crown witnesses and gave evidence at the trial. Prior to the commencement of the trial the offender sent a letter via Australia Post to Koning at his address, 27 Nannawilli Street, Berkeley. The back of the envelope indicated it was sent by Michael Black with the numerals 388494 being his prison identification number. The letter was dated 9 May 2006 and said: "To Jimbo, what's going on? Why are you saying it was me and Kano that done this car jacking? What cause your dirty on us? Going doubles on your missus. Come on that's in the past. That was two years ago and don't think you're getting any money off us now for that ounce of ice and if I go down for something I didn't do because of you, you better watch your back. All right so think about who you're covering for and what you're doing. Be careful it's a dangerous game. Blacky."