Regina v Wood [2005] NSWCCA 233

Regina v Wood [2005] NSWCCA 233

The sentencing judge gave proper weight to the evidence about hardship to the applicant's daughter and did not err in declining to impose a non-custodial sentence; the sentence imposed was not manifestly excessive and was within the proper exercise of sentencing discretion.

Jurisdiction
Australia
Judgment Date
22 June 2005
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence and Appeal
Outcome
Leave to appeal granted but the appeal is dismissed
Legal Topics
['sentence' 'social Security Fraud' 'effect of Sentence on Dependants' 'discretion in Sentencing' 'manifest Excess']
['criminal Law'] ['sentence' 'social Security Fraud' 'effect of Sentence on Dependants' 'discretion in Sentencing' 'manifest Excess']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence and Appeal

Legal Issues

  1. 1 ["Whether the judge erred in failing to find that a full time custodial sentence would result in hardship to the applicant's daughter so 'extreme' as to warrant a non-custodial sentence" 'Whether the sentence was manifestly excessive']

Ratio Decidendi

The sentencing judge gave proper weight to the evidence about hardship to the applicant's daughter and did not err in declining to impose a non-custodial sentence; the sentence imposed was not manifestly excessive and was within the proper exercise of sentencing discretion.

Court Disposition

Leave to appeal granted but the appeal is dismissed

Orders

  • ['The sentence on the first count is to commence from 22 June 2005 and expire on 21 July 2005.' 'The sentence for the second count is to commence on 22 July 2005 and to expire on 21 August 2005.' 'The sentences for the third and fourth counts are to commence on 22 August 2005 and are to expire on 21 September 2005.'...