Regina v Thompson [2003] NSWCCA 219

Regina v Thompson [2003] NSWCCA 219

The sentencing judge took the relevant subjective matters into account, made no error in the approach to the Form 1 offences, and the overall sentence was not manifestly excessive given the serious and protracted course of dishonesty, substantial irrecoverable loss to the employer, breach of trust, objective gravity of the offences and need for denunciation.

Jurisdiction
Australia
Judgment Date
04 August 2003
Procedural Posture
Application for Leave to Appeal Against Severity of Sentence / Appeal From District Court Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
['making a False Instrument' 'using a False Instrument' 'form 1 Offences' 'guilty Plea Discount' 'manifestly Excessive Sentence' 'delay' 'rehabilitation' 'breach of Trust']
['criminal Law' 'sentencing' 'criminal Appeals'] ['making a False Instrument' 'using a False Instrument' 'form 1 Offences' 'guilty Plea Discount' 'manifestly Excessive Sentence' 'delay' 'rehabilitation' 'breach of Trust']

Case Brief

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Procedural Posture

Application for Leave to Appeal Against Severity of Sentence / Appeal From District Court Sentence

Legal Issues

  1. 1 ['Whether the sentencing judge erred in considering the particular facts when fixing the sentences' 'Whether the sentences imposed were manifestly excessive' 'Whether the sentencing judge properly approached the offences taken into account under the Form 1 procedure']

Ratio Decidendi

The sentencing judge took the relevant subjective matters into account, made no error in the approach to the Form 1 offences, and the overall sentence was not manifestly excessive given the serious and protracted course of dishonesty, substantial irrecoverable loss to the employer, breach of trust, objective gravity of the offences and need for denunciation.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal granted' 'Appeal dismissed']