Kassem v R [2015] NSWDC 217

Kassem v R [2015] NSWDC 217

Because the appellant was of prior good character and the business collapse created mitigating or extenuating circumstances affecting his failure to comply with the liquidator's and ASIC's notices, the severity appeal should be allowed and the Local Court sentences set aside; in respect of each offence the appellant should be discharged without conviction on a recognisance to be of good behaviour for two years.

Jurisdiction
Australia
Judgment Date
30 June 2015
Procedural Posture
Criminal Severity Appeal / Appeal to the District Court of New South Wales From Sentences Imposed in the Local Court at Sutherland on 14 April 2015
Outcome
Sentences passed by Trad LCM at Sutherland Local Court on 14 April 2015 set aside.
Legal Topics
['severity Appeal' 'failure to Deliver Company Books and Records to Liquidator' 'discharge Without Conviction' 'recognisance to Be of Good Behaviour']
['criminal Law' 'corporations Law' 'sentencing'] ['severity Appeal' 'failure to Deliver Company Books and Records to Liquidator' 'discharge Without Conviction' 'recognisance to Be of Good Behaviour']

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Procedural Posture

Criminal Severity Appeal / Appeal to the District Court of New South Wales From Sentences Imposed in the Local Court at Sutherland on 14 April 2015

Legal Issues

  1. 1 ['Whether the sentences imposed for seven offences under s 530A of the Corporations Act 2001 (Cth) should be set aside on severity appeal.' "Whether the appellant's prior good character and mitigating circumstances justified discharge without proceeding to conviction."]

Ratio Decidendi

Because the appellant was of prior good character and the business collapse created mitigating or extenuating circumstances affecting his failure to comply with the liquidator's and ASIC's notices, the severity appeal should be allowed and the Local Court sentences set aside; in respect of each offence the appellant should be discharged without conviction on a recognisance to be of good behaviour for two years.

Court Disposition

Sentences passed by Trad LCM at Sutherland Local Court on 14 April 2015 set aside.

Orders

  • ['In respect of each of the 7 offences, without proceeding to conviction, appellant discharged upon his giving security in the sum of $1,000 by way of recognisance to be of good behaviour for a period of 2 years.']