Regina v Elie Gittani [2002] NSWCCA 139

Regina v Elie Gittani [2002] NSWCCA 139

The sentencing judge was entitled to find beyond reasonable doubt that the applicant possessed the 91 counterfeit $50 notes with an intention to pass them at the markets, and did not punish him for a different or more serious offence. Given the seriousness of knowing possession of counterfeit currency, the need to protect the integrity of the national currency, and the importance of general deterrence, no error was shown in imposing a full-time custodial sentence and the sentence was not shown to warrant appellate interference.

Jurisdiction
Australia
Judgment Date
19 April 2002
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['possession of Counterfeit Money' 'counterfeit Australian Currency' 'custodial Sentence' 'general Deterrence' 'remorse' 'de Simoni Principle']
['criminal Law' 'sentencing' 'appellate Procedure'] ['possession of Counterfeit Money' 'counterfeit Australian Currency' 'custodial Sentence' 'general Deterrence' 'remorse' 'de Simoni Principle']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentence of 2 years imprisonment with release after 6 months was unduly harsh and severe.' 'Whether the sentencing judge erred by imposing a custodial sentence rather than suspending it wholly.' 'Whether the sentencing judge erred in considering hardship, good character, remorse, intention to pass the counterfeit notes, and general deterrence.' 'Whether the sentencing judge impermissibly punished the applicant for an offence more serious than the offence of possession of counterfeit money.']

Ratio Decidendi

The sentencing judge was entitled to find beyond reasonable doubt that the applicant possessed the 91 counterfeit $50 notes with an intention to pass them at the markets, and did not punish him for a different or more serious offence. Given the seriousness of knowing possession of counterfeit currency, the need to protect the integrity of the national currency, and the importance of general deterrence, no error was shown in imposing a full-time custodial sentence and the sentence was not shown to warrant appellate interference.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['The application for leave to appeal against sentence is granted.' 'The substantive appeal against sentence is dismissed.']