NSW Caselaw
New South Wales Supreme Court
CITATION : Commissioner for the Police Integrity Commission v Walker [2006] NSWSC 964
HEARING DATE(S) : 21/08/2006, 14/09/2006
JUDGMENT DATE : 25 September 2006
JURISDICTION : Common Law Division - Administrative Law List
JUDGMENT OF : McDougall J at 1
DECISION : See para [115] of judgment
CATCHWORDS : CONTEMPT - of Police Integrity Commission - where contempt is of serious nature - where requirement for deterrence and denunciation - whether no penalty other than imprisonment is appropriate under s 5(1) Crimes (Sentencing Procedure) Act 1999 - whether aggravating or mitigating factors present under s 21A(2), (3) of the Act
LEGISLATION CITED : Crimes (Sentencing Procedure) Act 1999
Principal Registrar of the Supreme Court of New South Wales v Jando (2001) 53 NSWLR 527 R v Aristodemou (Court of Criminal Appeal 60804/93, 30/6/93 (unrep)) Keeley v The Honourable Mr Justice Brooking (1979) 143 CLR 162 CASES CITED : Ryan v Wright [No 2] [2004] NSWSC 1019 Wood v Galea (1995) 79 A Crim R 567 Wood v Galea (1997) 92 A Crim R 287 Wood v Staunton (No 5) (1996) 86 A Crim R 183
PARTIES : Commissioner for the Police Integrity Commission (Plaintiff) Christopher John Walker (Defendant)
FILE NUMBER(S) : SC 30108/04
COUNSEL : R D Cogswell SC/P F Singleton (Plaintiff) K D Ginges (Defendant)
SOLICITORS : M M O'Brien, Commission Solicitor (Plaintiff)
COMMISSIONER FOR THE POLICE INTEGRITY COMMISSION v WALKER [2006] NSWSC 964
Index to Judgment on Sentence
25 September 2006
Para The further evidence 2 The evidence of Mr Lutz 5 The evidence of good character 8 The further medical evidence 25 The pre sentence reports 38 The competing contentions 48 The Court's approach to sentencing 58 Section 3A 61 Relevant case law 63 Application of the principles to the facts of the case 66 The seriousness of the offence 66 Mr Walker's awareness of the consequences 76 The actual consequences on the inquiry 78 The context of serious crime 81 Reason for the contempt 82 Receipt of benefit 83 Apology or contrition 84 Character and antecedents 86 General and personal deterrence 87 Denunciation of the offence 90 Section 3A 91 Aggravating and mitigating factors 94 Analysis 100 Other matters 112 Orders 115
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