Jane Maria Sakovits v R Ronald Rudolf Sakovits v R [2014] NSWCCA 109

Jane Maria Sakovits v R Ronald Rudolf Sakovits v R [2014] NSWCCA 109

The effect of the applicants’ incarceration on Mrs Potts was not exceptional and, consistent with authority, did not justify reduction in sentence. Sentences imposed were not manifestly excessive in light of the seriousness, duration, and sophistication of the offending and the loss to the revenue.

Parties
Applicant: Jane Maria Sakovits; Applicant: Ronald Rudolf Sakovits; Respondent: Regina
Jurisdiction
Australia
Judgment Date
20 June 2014
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Conspiracy to Defraud the Commonwealth, Tax Evasion, Sentencing, Manifest Excess, Impact on Family/dependants
Criminal Law Conspiracy to Defraud the Commonwealth Tax Evasion Sentencing Manifest Excess Impact on Family/dependants

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Parties

Jane Maria Sakovits

Applicant

Ronald Rudolf Sakovits

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in finding the effect of custodial sentences upon the applicants' family was not exceptional
  2. 2 Whether the sentences imposed were manifestly excessive

Ratio Decidendi

The effect of the applicants’ incarceration on Mrs Potts was not exceptional and, consistent with authority, did not justify reduction in sentence. Sentences imposed were not manifestly excessive in light of the seriousness, duration, and sophistication of the offending and the loss to the revenue.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed