Where the Crown contends on sentence that an offender instigated an attempt to pervert the course of justice, that fact must be established beyond reasonable doubt and cannot be inferred from agreed facts unless it is the only rational inference available. The proposition must be included in the agreed facts or put to the offender in cross-examination. An offence of perverting the course of justice by making a false statement to police ordinarily warrants full-time custody, but an exceptionally strong subjective case may justify an intensive correction order.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
6 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.