Supreme Court of Tasmania

Supreme Court of Tasmania - Sentences

STATE OF TASMANIA v ANNE MARIE KRAEMERS    28 OCTOBER 2009

COMMENTS ON PASSING SENTENCE    BLOW J

Anne Marie Kraemers, you have pleaded guilty to a charge of perverting justice. In May of last year you swore a false statutory declaration and provided it to the police in an attempt to prevent your son from being charged with unlawfully setting fire to another man's car. The circumstances are unusual. The car owner was a man of about your son's age, whom you had a somewhat maternal relationship with. His car was a burden to him. Your son decided to set fire to that car when that was against the law. The car owner subsequently made a fraudulent insurance claim, but there is no suggestion that you were in any way trying to protect that man in relation to his offending. The police apparently suspected your son of having unlawfully set fire to this car. He asked you a number of times to make a formal statement to the police saying that he had been with you and therefore could not have done it. Initially you refused, but eventually you gave in. By doing that, you committed the crime of perverting justice. Your attempt to protect your son was not successful and therefore he is here today. I will be sentencing him next week.

You are 51 years old. You have led an honest and blameless life. You have no prior convictions. It is unfortunate that at your age, and with your background, you have committed this crime and you are in Court today. Because of your good record, and because all that you were doing was protecting son, I think it will be sufficient if I impose a fine. I have ruled out the possibility of a community service order because of your health problems.

I convict you and fine you $750. You will have 28 days to pay. You are also required to pay a victims of crime compensation levy of $50. I allow you 28 days to pay that amount.