PERVERTING THE COURSE OF JUSTICE ETC
306.6
Judicial guidance
Volume 2
Perverting the course of justice etc.
Att-Gen’s Ref No 34 of 2015 2015 EWCA Crim 1152 D was convicted of two counts of perverting the
course of justice. She sheltered a murder suspect and a month later gave police a false witness statement.
Held. It has long been recognised that perverting the course of justice is so serious that it is almost always
necessary to impose a custodial sentence unless there are exceptional circumstances. Here, 18 months not
a Suspended Sentence Order.
For more detail see 306.7.
306.10
Evidence, Interfering with
Cases
R v Talbot 2015 EWCA Crim 1238 D pleaded (25% credit) to perverting the course of justice, possessing
indecent photographs and making indecent photographs. D lived with his wife who was a rector. He was
also a Church of England priest. For three years D had been the chaplaincy co-ordinator for the
Cambridge Constabulary. It was an unpaid role. For a number of years he had accessed the Internet to
view pornography. He became worried that his Internet provider might have become aware of this1 so he
e-mailed the Assistant Chief Constable of Cambridgeshire, C, and offered to resign forthwith. C phoned
him and D said he was in a very dark place. D told C about accessing child pornography on the Internet.
C said the matter would have to be referred and was worried D might harm himself. Police attended D’s
home and seized his computer equipment. D explained the computer he used to download material had
been destroyed. Police visited the places D had said the parts of the computer had been deposited and it
was discovered the bins had been collected that morning. This was the pervert matter. [A news report says
the Judge was told D’s wife was instantly dismissed from her job as rector and the two were given 24hours to leave their home.] D was interviewed and said the missing computer had a small fraction of child
pornography on it. The Court accepted that. On D’s home computer only 18 images were found and one
was Category A. It was oral sex with a 12-14 year-old girl. One was Category B and the rest were
Category C. The pictures were of young girls aged 8-16. D was aged 63, of impeccable character and
overcome by remorse. There was an array of impressive testimonials. The pre-sentence was positive
saying he had good motivation to address his behaviour. Held. The pervert was the most serious offence.
We start at 12 months not 20. With plea, 9 months. The image offences remain concurrent.
306.39
Witness interference
Cases
R v Nwanokwu 2015 EWCA Crim 813, 2 Cr App R (S) 33 (p 281) D pleaded to perverting the course of
justice. D’s daughter, R was arrested for aggravated burglary where one of the victims, V, was stabbed in
the leg several times by R. Rings and a handbag were among items stolen. D made phone calls in an
attempted to persuade V to withdraw, retract or change his evidence. D visited V at his home and
explained R would lose custody of her baby. There were no threats made. She had a series of ‘low-level’
shoplifting offences and was in breach of a conditional discharge for theft (one month consecutive). D
had been, over 15 years, a foster parent for over 75 children. The Judge said victims suffered stress and
pressure and D had added further pressure to them. Held. That was a serious consideration. There were
important policy reasons why the Judge passed an immediate 6-month prison sentence, but her conduct
was naïve. The fact it was based on parental concern, that no threats were made and her fostering work
1 A news report says the Judge was told all that happened was his Internet went down.
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was outstanding, made this case exceptional. The sentence could have been suspended so we will ensure
her immediate release2.
See also: Att-Gen’s Ref Nos 14-16 of 2015 2015 EWCA Crim 822, 2 Cr App R (S) 36 (p 293) (Honey trap to lure
witness away on day of trial from giving evidence. Witness not at Court for one day. Plan unsuccessful.
No threats made. We would expect, before plea, for man facing the trial 3 years, and the others in the
plan 2 years)
2 The report says the Court substituted a 172-day sentence because that was the time she had served. As she was
serving a 7-month sentence she would have been released much earlier. What the true situation was is unclear.
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