Dacich (No.2) v R [2019] NSWDC 620

Dacich (No.2) v R [2019] NSWDC 620

The original aggregate sentence of three years and six months imprisonment was excessive given the criminality, psychological condition (subject to doubts), and time already spent in custody. An aggregate sentence of two years imprisonment with special circumstances was appropriate.

Parties
Appellant: Clare Dacich; Respondent: Regina (Crown)
Jurisdiction
Australia
Judgment Date
09 September 2019
Procedural Posture
Criminal Appeal / Severity Appeal Against Sentence From Local Court
Outcome
severity appeal allowed; aggregate sentence reduced
Legal Topics
Severity Appeal, Offences of Dishonesty, Sentencing, Special Circumstances
Criminal Law Severity Appeal Offences of Dishonesty Sentencing Special Circumstances

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Parties

Clare Dacich

Appellant

Regina (Crown)

Respondent

Procedural Posture

Criminal Appeal / Severity Appeal Against Sentence From Local Court

Legal Issues

  1. 1 Whether the sentence imposed by the Local Court for offences of dishonesty was excessive
  2. 2 Whether there was any causal connection between the appellant's psychological condition and her offending
  3. 3 Whether the matter should be dealt with by way of diversion under s 32 of the Mental Health (Forensic Provisions) Act

Ratio Decidendi

The original aggregate sentence of three years and six months imprisonment was excessive given the criminality, psychological condition (subject to doubts), and time already spent in custody. An aggregate sentence of two years imprisonment with special circumstances was appropriate.

Court Disposition

severity appeal allowed; aggregate sentence reduced

Orders

  • Aggregate sentence of imprisonment imposed in the Local Court set aside.
  • In lieu, aggregate sentence of 2 years imprisonment imposed.