STATE OF TASMANIA v TAMIEKA JANE McCAULAY ESTCOURT J
COMMENTS ON PASSING SENTENCE 23 MARCH 2021
The defendant has pleaded guilty to one count of perverting justice contrary to s 105 of the Criminal Code. I have also agreed, pursuant to s 385A of the Code, to deal with a charge of possessing a controlled plant or its products (minor offence), contrary to s 25 of the Misuse of Drugs Act 2001.
The crime involves the defendant nominating to police a person as being the driver of her motor vehicle involved in a motor vehicle accident when that person was not the driver.
The facts are that on 6 July 2020, as the registered operator or owner of the motor vehicle, the defendant was served with a requirement to identify the driver of the vehicle involved in the accident.
On 8 July 2020, the defendant attended the Burnie Police Station, where she returned the signed requirement nominating the driver of the vehicle involved in the accident on 4 July 2020 as Daniel Diamond. She identified herself and Lindsay Gatenby as passengers of the vehicle at the time.
Enquiries were made by police with Daniel Diamond and he denied being the driver of the vehicle involved in the accident. Mr Diamond stated that he had a falling out with both the defendant and Mr Gatenby and he believed that it was a deliberate attempt to cause him trouble.
The cannabis involved in the summary offence was located in the defendant’s car after the accident.
The defendant is 24 years of age and was so at the time of the offences.
She is currently employed as a kitchenhand at a hospitality venue in Wynyard and ordinarily works five to six days, or possibly even seven days a week. She has been in this employment since January 2021, but was unemployed prior to that for approximately a year.
Her prior convictions consist only of a few relatively minor summary offences.
This is a relatively serious example of perverting justice, in my view as the defendant was prepared to have someone else convicted and punished for a crime that person did not commit, although, I understand, there was probably little chance of that happening in the circumstances.
Such conduct nonetheless undermines the proper administration of justice. I take into account the defendant’s plea of guilty.
General deterrence is the predominant sentencing consideration for a crime such as this. However, in view of the defendant’s lack of relevant prior convictions, and her plea of guilty, I will stop short of imposing an actual sentence of imprisonment, instead I will require the performance of a period of community service.
I convict the defendant of the offences to which she has pleaded guilty and I make a community correction order for an operational period of 24 months. During that period the defendant must comply with the order. The period commences today. The core conditions of the order require the defendant to report to a probation officer, and she should do so at the office of Community Corrections in Burnie within three clear days of today.
In addition to the core conditions of the order I also include the following special condition:
- You must, within the said period of 24 months, satisfactorily perform community service, as directed by a probation officer or a supervisor, for a period of 98 hours.