Damon JOB v R [2011] NSWCCA 267

Damon JOB v R [2011] NSWCCA 267

The District Court erred by not giving weight to the applicant's willingness to make restitution as a mitigating factor. The appropriate aggregate sentence is imprisonment for 4 years with an effective non-parole period of 2 years, reflecting a starting point of 7 years discounted by 40% for plea and assistance. Special circumstances warrant structuring sentences so parole is available after 2 years.

Parties
Applicant: Damon Job; Respondent: Regina
Jurisdiction
Australia
Judgment Date
16 December 2011
Procedural Posture
Criminal Appeal / Leave to Appeal Against Sentence and Re Sentencing
Outcome
Leave to appeal granted, appeal allowed, sentences quashed, applicant re-sentenced.
Legal Topics
Sentencing, Fraud, Corruption, Mental Illness, Restitution
Criminal Law Sentencing Fraud Corruption Mental Illness Restitution

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Parties

Damon Job

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Leave to Appeal Against Sentence and Re Sentencing

Legal Issues

  1. 1 Adequacy of sentence discount for pleas of guilty and assistance to authorities
  2. 2 Failure to consider applicant's undertaking to make restitution as mitigation
  3. 3 Whether sufficient weight was given to applicant's mental illness

Ratio Decidendi

The District Court erred by not giving weight to the applicant's willingness to make restitution as a mitigating factor. The appropriate aggregate sentence is imprisonment for 4 years with an effective non-parole period of 2 years, reflecting a starting point of 7 years discounted by 40% for plea and assistance. Special circumstances warrant structuring sentences so parole is available after 2 years.

Court Disposition

Leave to appeal granted, appeal allowed, sentences quashed, applicant re-sentenced.

Orders

  • On each charge of obtaining benefit by deception (Mays Hill tidal flow), fixed term of imprisonment for 12 months from 19 August 2010 to 18 August 2011.
  • On each charge of obtaining benefit by deception (Rail Corp shutdowns), fixed term of imprisonment for 12 months from 19 February 2011 to 18 February 2012.