Tourni v R [2010] NSWCCA 317

New South Wales Court of Criminal Appeal

CITATION: Tourni v R [2010] NSWCCA 317

HEARING DATE(S): 28 October 2010

JUDGMENT DATE: 17 December 2010

JUDGMENT OF: Simpson J at 1; Fullerton J at 2; RA Hulme J at 78

1. The appeal against conviction is dismissed. DECISION: 2 The sentences imposed on the charges of giving false evidence are confirmed. 3. The sentence imposed on the charge of perverting the course of justice is quashed and in lieu thereof a term of imprisonment comprising a non-parole period commencing on 27 March 2010 and expiring 22 October 2010 with a balance of term commencing on 23 October 2010 and expiring on 26 July 2011. The release of the applicant to parole is directed to have taken effect on 22 October 2010.

CATCHWORDS: CRIMINAL LAW - appeal against conviction and sentence - giving false evidence - perverting the course of justice - falsifying community service order time sheets - whether conduct as particularised on CAN constituted breach of s 319 of Crimes Act - delay between date of commission of offences and service of CANs - whether sentencing judge failed to give adequate reasons

Crimes Act 1900 Crimes (Administration of Sentences) Act 1999 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999 Independent Commission Against Corruption Act 1988 Telecommunications (Interception) Act 1979

CATEGORY: Principal judgment

Einfield v R [2008] NSWCCA 215 John L Pty Ltd v Attorney-General (NSW) [1987] HCA 42; 163 CLR 508 Lodhi v R [2006] NSWCCA 121 CASES CITED : Marinellis v R [2006] NSWCCA 307 R v Blanko [1999] NSWCCA 121; 106 A Crim R 303 R v Purtell [2001] NSWCCA 21; 120 A Crim R 317 R v Todd [1982] 2 NSWLR 517 TJ v R [2009] NSWCCA 99