A man who repeatedly impersonated his brother to help him dodge bail has been jailed for three months, with a judge warning the deception “strikes at the heart” of the justice system.
Darren Michael Burgess, 36, went to the Glenorchy Police Station three times in July last year to sign the bail register under his brother’s name.
His brother, Shayden Burgess, was on bail for possessing stolen firearms and drug trafficking at the time.
Police believe Shayden fled Tasmania the day after his last legitimate appearance at the station in July 2024. A warrant for his arrest remains outstanding.
Supreme Court Justice Kate Cuthbertson described Darren Burgess’s actions as a “serious example” of perverting the course of justice.
“You set about on a deliberate course of conduct on three separate occasions, falsely claiming to be your brother in order to facilitate his breach of bail conditions,” she said.
The ruse came undone when police reviewed the bail register and noticed discrepancies in the signatures.
CCTV footage later showed Darren Burgess had signed as “S. Burgess” on July 16, 18 and 23.
When questioned, he admitted he knew it was illegal but said he was only trying to help his brother, who claimed to be working outside Hobart.
The court heard Burgess has an extensive criminal record, including numerous breaches of suspended sentences and bail conditions dating back to 2006.
His defence lawyer told the court Burgess had suffered a major stroke in 2022 and continues to struggle with heart disease and chronic kidney disease.
They argued he was ‘more susceptible to poor decision-making’ while recovering and being cared for by family.
But Justice Cuthbertson said jail time was necessary to send a message to others.
“People who commit this crime are often sentenced to imprisonment, not only to punish them but to send a clear message to others who may be tempted to do what you did that prison is a likely outcome,” she said.
“Conditions of bail are imposed in order to mitigate the risks associated with a person being at large in the community pending the finalisation of their criminal matters.”
Justice Cuthbertson also activated a previously suspended six-month sentence for dishonesty and bail offences, to be served concurrently from October 7.
