Pereira v R [2018] NSWCCA 171

Pereira v R [2018] NSWCCA 171

The applicant failed to establish any sentencing error. The sentencing judge properly assessed objective seriousness, appropriately considered breach of trust as aggravating, was not required to make findings on instigation, and the aggregate sentence was not manifestly excessive given the planned, sophisticated, and prolonged offending resulting in significant loss.

Parties
Applicant: Byran Pereira; Respondent: Crown
Jurisdiction
Australia
Judgment Date
06 August 2018
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence, Determination of Appeal
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Obtain Money by Deception, Corrupt Commissions, Dealing With Proceeds of Crime, Aggregate Sentencing, Breach of Trust, Manifest Excess
Criminal Law Sentencing Obtain Money by Deception Corrupt Commissions Dealing With Proceeds of Crime Aggregate Sentencing Breach of Trust Manifest Excess

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Parties

Byran Pereira

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence, Determination of Appeal

Legal Issues

  1. 1 Whether the sentencing judge erred in assessment of the impact on the victim and objective seriousness of the offence
  2. 2 Whether sentencing judge erred in finding breach of trust relevant to aggravation for sequence 5
  3. 3 Whether it was necessary to determine who of the co-offenders instigated the offending

Ratio Decidendi

The applicant failed to establish any sentencing error. The sentencing judge properly assessed objective seriousness, appropriately considered breach of trust as aggravating, was not required to make findings on instigation, and the aggregate sentence was not manifestly excessive given the planned, sophisticated, and prolonged offending resulting in significant loss.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Grant leave to appeal
  • Appeal dismissed