Benjamin Wickes sentenced to jail for lying in bail application

"I was desperate to get out and I was using drugs and made a stupid decision to try and speed up the process," the offender previously told the ACT Supreme Court.

Benjamin John Wickes, 31, was sentenced to six months and 12 days in jail on Wednesday after pleading guilty to attempting to pervert the course of justice.

"The offender lied to his legal representative so that false submissions could be made to a court," Justice Chrissa Loukas-Karlsson said in a published judgement.

Agreed facts outline how Wickes applied for bail on December 31, 2021, after being arrested for three separate charges two days prior.

At the time, the offender needed to prove special or exceptional circumstances for the granting of bail, as he faced similar charges in NSW.

Wickes "falsely instructed" the duty solicitor he had varicose veins and a surgical operation booked three weeks later in Sydney.

The solicitor submitted Wickes was worried the operation might be pushed further into the future, potentially affecting the offender's employment as a result.

The bail application was denied.

Wickes was recorded calling his mother from the Alexander Maconochie Centre and asking her to book an appointment before describing what "he proposed to say with respect to an appointment for his leg".

Another duty solicitor tendered a confirmation of an initial referral to a surgeon on January 10, 2022.

Police later found the hospital in question held "nil records" for Wickes and he had not been booked in for any appointment.

Recorded phone calls detailed how Wickes attempted to "apply pressure on other persons" to assist in the crime.

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While the judge concluded the offending had been planned, rather than spontaneous, she said the planning was not "of a particularly sophisticated level".

In June, Wickes was handed a six-month sentence for unrelated charges of intentionally perverting the course of justice and using a false document.

On that occasion, Wickes admitted to forging a medical certificate to "avoid apprehension for a bail breach".

A pre-sentence report author noted Wickes' history of non-compliance and re-offending on community-based order, and drug dependency, was of concern.

"Although the offender reported his drug use has decreased since entering custody, his resolve is yet to be tested in the community," the report concluded.

"Should the offender reengage with a rehabilitation program, it is considered likely his risk of reoffending will reduce through addressing his drug use and past trauma."

The offender's sentence was backdated to April, to factor in time already spent in custody, and will expire on November 3.

Wickes has spent almost six months in custody in relation to the offence and is set for a parole hearing next month.

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