R v Peter Frederick Clark [2001] NSWSC 656

New South Wales Supreme Court

CITATION : R v Peter Frederick Clark [2001] NSWSC 656 FILE NUMBER(S) : SC 70003/01 18-20/4/01 HEARING DATE(S) : 23-24/4/01 15/6/01 JUDGMENT DATE : 25 June 2001

PARTIES : Regina Peter Frederick Clark JUDGMENT OF : Dowd J at 1

COUNSEL : Mr P Lynch- Crown Mr P Clark- in person SOLICITORS : Director of Public Prosecutions (NSW) CATCHWORDS : Pervert the course of justice - Sentence - Proportionality - Periodic detention LEGISLATION CITED : Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 CASES CITED : R v Rushby (1997) 1 NSWLR 594. DECISION : 1. Sentenced to 12 months periodic detention, to commence on 13 July 2001 and to conclude on 12 July 2002.

THE SUPREME COURT OF NEW SOUTH WALES CRIMINAL DIVISION

DOWD J

25 JUNE 2001

70003/01 REGINA v PETER FREDERICK CLARK REMARKS ON SENTENCE

1 HIS HONOUR: The prisoner stands for sentence in respect of an offence in which he has been found guilty by a jury, of doing an act with intent to pervert the course of justice, contrary to s319 of the Crimes Act 1900. That offence carries a maximum penalty of fourteen years imprisonment. 2 The facts of the proceedings are that the prisoner had a matter listed before the Taree District Court for the sittings commencing in February 2000, the judicial officer presiding being Christie DCJ. 3 On 23 February 2000, the prisoner appeared unrepresented before Judge Christie to raise a matter of a Subpoena, seeking documents which he said were relevant for the conduct of his appeal which was to be heard. It was listed for hearing on 2 March 2000. 4 The prisoner had appeared before His Honour previously on several occasions in relation to his own appeal, and in matters relating to his son. 5 At the end of some discussion in open court, the prisoner asked that a "very delicate issue" be raised with His Honour privately. His Honour acceded to this course and arranged for his Associate, the solicitor from the Director of Public Prosecutions, and the Court Officer to also be in the Judge's Chambers. 6 Several witnesses gave evidence, including His Honour, of the conversation which involved the prisoner saying to the Judge: "I have been told by Constable Smoothy that you are a corrupt judge and that you take bribes." In the same conversation, he also said: