R v Pfuhl [2019] NSWDC 553

R v Pfuhl [2019] NSWDC 553

Due to the seriousness of the offence, breach of conditional liberty, and the role played, a sentence of imprisonment is warranted, but after considering totality, special circumstances, and a utilitarian discount for the guilty plea, imprisonment of 19 months with a non-parole period of 10 months is appropriate.

Jurisdiction
Australia
Judgment Date
13 May 2019
Procedural Posture
Criminal / Sentence
Outcome
Convicted. Sentenced to imprisonment for 19 months with a non-parole period of 10 months.
Legal Topics
['sentence' 'dishonestly Obtain a Financial Advantage by Deception' 'conditional Liberty' 'totality']
['criminal Law'] ['sentence' 'dishonestly Obtain a Financial Advantage by Deception' 'conditional Liberty' 'totality']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for dishonestly obtaining a financial advantage by deception under s 192E(1)(b) of the Crimes Act' 'Totality principles in sentencing given existing sentence' 'Special circumstances for non-parole period']

Ratio Decidendi

Due to the seriousness of the offence, breach of conditional liberty, and the role played, a sentence of imprisonment is warranted, but after considering totality, special circumstances, and a utilitarian discount for the guilty plea, imprisonment of 19 months with a non-parole period of 10 months is appropriate.

Court Disposition

Convicted. Sentenced to imprisonment for 19 months with a non-parole period of 10 months.

Orders

  • ['Convicted.' 'Imprisonment for 19 months from 29 July 2018 to 28 February 2020.' 'Non-parole period fixed at 10 months; earliest release to parole is 28 May 2019.']