WA Consequences of Impersonating a Police Officer?

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Tades

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6 November 2017
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Iamthelaw

Well-Known Member
13 September 2016
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Your family friend is the man named in the article?

It says what the outcome was - $1800 fine.
 

Iamthelaw

Well-Known Member
13 September 2016
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Yes he is

it also says that he has to go back to court on Dec 8th?

so why does he have to go back?
That is also answered in the article:
"Mr Parker requested a spent conviction for Unlu, which will be heard in Joondalup Magistrates Court on December 8 to give him time to find character references."

The magistrate will decide at that date, after taking into account his character references whether she will impose a conviction or whether she'll impose a spent conviction order (a much better outcome compared to being convicted).

To pre-empt your next question see this link:
What spent conviction orders do
 
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Tades

Active Member
6 November 2017
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That is also answered in the article:


The magistrate will decide at that date, after taking into account his character references whether she will impose a conviction or whether she'll impose a spent conviction order (a much better outcome compared to being convicted).

To pre-empt your next question see this link:
What spent conviction orders do

Thanks very much.

From what you read does it seem like it will be a criminal record or just a spent conviction/?
 

Iamthelaw

Well-Known Member
13 September 2016
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Thanks very much.

From what you read does it seem like it will be a criminal record or just a spent conviction/?
I really can't speculate, it would depend on a variety of factors, too many of which to list here, further to his character references, should he be able to obtain them.
 

Clancy

Well-Known Member
6 April 2016
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It's not unheard of for criminals to impersonate police and pull cars over to rob them or worse. And us poor hapless Citizens must by law comply to pull over and meet that fate. So on the one hand police need to be able to pull people over, but on the other hand that law can potentially force citizens to fall into the hands of criminals! so its a sensitive topic....

So it comes down to motive... They want to rule out if he has a criminal record that possibly fits with a criminal motive to impersonate police, rather than simply being some idiot playing out a fantasy!
 

Tades

Active Member
6 November 2017
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31
Its not unheard of for criminals to impersonate police and pull cars over to rob them or worse. And us poor hapless Citizens must by law comply to pull over and meet that fate. So on the one hand police need to be able to pull people over, but on the other hand that law can potentially force citizens to fall into the hands of criminals! so its a sensitive topic....

So it comes down to motive..... they want to rule out if he has a criminal record that possibly fits with a criminal motive to impersonate police, rather than simply being some idiot playing out a fantasy!

Which would likely mean a spent conviction. Since he has no prior criminal record....
 

Iamthelaw

Well-Known Member
13 September 2016
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794
So it comes down to motive..... they want to rule out if he has a criminal record that possibly fits with a criminal motive to impersonate police, rather than simply being some idiot playing out a fantasy!

This is isn't really correct. Although I think I understand what he is trying to say.

The circumstances and gravity of the offending will be considered, but motive per se isn't a specific sentencing consideration other when there is evidence that a crime may be motivated by hatred or prejudiced (not relevant here).

The Magistrate is saying she needs more time to consider counsel's request for a spent conviction order. As I've said, part of her consideration will rely on the character references she'll receive. She would already have had details of the lack of prior convictions - She would have already have taken the other considerations into account when passing the sentence of the fine.

The other factor (and perhaps her main consideration) would be current sentencing practices - That is, what sort of sentences are currently being handed down for similar offending ie, are spent conviction orders currently given in similar offences - Again, she'll consider this and weigh it up while considering other factors and character references. Your friend should ask their lawyer about the prospects of a spent conviction order being granted.