R v Hacking [2017] NSWDC 473

R v Hacking [2017] NSWDC 473

The offender's corrupt receipt of benefits and larceny were very serious examples of offending involving substantial money, a lengthy period, planning and misuse of his employment position, requiring imprisonment. However, because of his early guilty pleas, substantial past and future assistance, repayment, prior good character, low risk of reoffending, good prospects of rehabilitation, remorse, health issues and suitability for an intensive correction order, an aggregate sentence of two years' imprisonment served by way of an intensive correction order was appropriate.

Jurisdiction
Australia
Judgment Date
25 August 2017
Procedural Posture
Criminal Sentencing / Sentence After Pleas of Guilty
Outcome
The offender was convicted and sentenced to an aggregate term of imprisonment of 2 years to be served by way of an intensive correction order.
Legal Topics
['corruptly Receiving a Benefit' 'larceny by a Public Servant' 'form 1 Offences' 'assistance to Law Enforcement Authorities' 'plea of Guilty' 'good Character' 'rehabilitation' 'remorse' 'intensive Correction Orders' 'totality']
['criminal Law' 'sentencing'] ['corruptly Receiving a Benefit' 'larceny by a Public Servant' 'form 1 Offences' 'assistance to Law Enforcement Authorities' 'plea of Guilty' 'good Character' 'rehabilitation' 'remorse' 'intensive Correction Orders' 'totality']

Case Brief

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Procedural Posture

Criminal Sentencing / Sentence After Pleas of Guilty

Legal Issues

  1. 1 ['What sentence should be imposed for multiple counts of corruptly receiving a benefit under s 249B of the Crimes Act 1900 and larceny by a public servant under s 159 of the Crimes Act 1900.' 'How Form 1 matters should be taken into account on sentence.' 'What discounts should be allowed for early pleas of guilty and for past and future assistance to law enforcement authorities.' 'Whether the sentence of imprisonment should be served by way of an intensive correction order.']

Ratio Decidendi

The offender's corrupt receipt of benefits and larceny were very serious examples of offending involving substantial money, a lengthy period, planning and misuse of his employment position, requiring imprisonment. However, because of his early guilty pleas, substantial past and future assistance, repayment, prior good character, low risk of reoffending, good prospects of rehabilitation, remorse, health issues and suitability for an intensive correction order, an aggregate sentence of two years' imprisonment served by way of an intensive correction order was appropriate.

Court Disposition

The offender was convicted and sentenced to an aggregate term of imprisonment of 2 years to be served by way of an intensive correction order.

Orders

  • ['The offender is convicted of each offence.' 'An aggregate sentence of imprisonment of 2 years is imposed, commencing 25 August 2017.' 'Pursuant to s 7(1) of the Crimes (Sentencing Procedure) Act 1999, the sentence is to be served by way of an intensive corrections order for 2 years commencing 25 August 2017 and...