R v Roberts [2021] NSWDC 736

R v Roberts [2021] NSWDC 736

The appeal is dismissed because the offending was objectively serious, involved planning and breach of trust, and hardship to the appellant's daughters did not amount to exceptional hardship in law. The original sentence of imprisonment was appropriate and community-based sentence was not warranted.

Jurisdiction
Australia
Judgment Date
26 May 2021
Procedural Posture
Criminal Appeal / Sentencing Appeal; Decision
Outcome
Appeal dismissed; sentence and orders of Local Court confirmed
Legal Topics
['sentencing' 'fraud' 'dishonest Dealings' 'mitigating Circumstances']
['criminal Law'] ['sentencing' 'fraud' 'dishonest Dealings' 'mitigating Circumstances']

Case Brief

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Procedural Posture

Criminal Appeal / Sentencing Appeal; Decision

Legal Issues

  1. 1 ['Appropriate sentence for offence under s 192E(1)(b) Crimes Act' "Whether hardship to offender's dependants is exceptional for sentencing" 'Whether sentence should be served by full-time detention or intensive correction order']

Ratio Decidendi

The appeal is dismissed because the offending was objectively serious, involved planning and breach of trust, and hardship to the appellant's daughters did not amount to exceptional hardship in law. The original sentence of imprisonment was appropriate and community-based sentence was not warranted.

Court Disposition

Appeal dismissed; sentence and orders of Local Court confirmed

Orders

  • ['Appeal dismissed' 'Conviction confirmed' 'Imprisonment for twelve months from 26 May 2021 to 25 May 2022' 'Non-parole period of six months from 26 May 2021 to 25 November 2021']