R v Cottrell [2010] NSWDC 213

New South Wales District Court

CITATION: R v Cottrell [2010] NSWDC 213

HEARING DATE(S): 20/08/10

JUDGMENT DATE: 8 September 2010

JURISDICTION: Crime

JUDGMENT OF: Norrish QC DCJ

Count 4 - Convicted: Sentenced to a term of imprisonment of 9 months to commence on 08/09/10 and to expire on 07/06/11. I decline to set a non-parole period. Count 5 - Convicted: Sentenced to a term of imprisonment of 12 months to commence on 08/09/10 and to expire on 07/09/11. DECISION: Count 3 - Convicted: Sentenced to a term of imprisonment of 6 months to commence on 08/03/11 and to expire on 07/09/11. Count 2 - Convicted: Sentenced to a term of imprisonment which consists of a non parole period being 6 months to commence on 08/03/11 and to expire on 07/09/11. The balance of the sentence being 9 months is to expire on 07/06/2012. Finding of special circumstances. Eligible for release to parole on 07/09/11. Count 1 - Convicted: Sentenced to a term of imprisonment which consists of a non parole period being 6 months to commence on 08/03/11 and to expire on 07/09/11. The balance of the sentence being 12 months is to expire on 07/09/2012. Finding of special circumstances. Eligible for release to parole on 07/09/11.

CATCHWORDS: CRIME - Sentence - act with intent to pervert the course of justice, - subornation of perjury

Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED: Crimes Act 1900 Evidence Act 1995

Markarian v The Queen (2005) 79 ALJR 1048: [2005] HCA 25 R v Einfeld [2010] NSWCCA 87 Pearce v The Queen (1998) 194 CLR 610 CASES CITED: R v XX [2009] NSWCCA 115 Fahs v The Queen [2007] NSWCCA 26 R v Retsos [2006] NSWCCA 85 R v Nguyen (2004) 149 A Crim R 343 R v Giang [2001] NSWCCA 276