R v Rosser [2004] NSWCCA 216

R v Rosser [2004] NSWCCA 216

The aggregate sentence of four years with a non-parole period of two years and three months was appropriate to mark the criminality exhibited by all the offences; adjusting individual sentences while preserving the aggregate sentence would be futile, and there is no basis for imposing some other aggregate sentence.

Parties
Respondent: Regina; Applicant: Jennifer May Rosser
Jurisdiction
Australia
Judgment Date
01 July 2004
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Defrauding a Body Corporate, Sentencing, Aggregate Sentence, Principles in Pearce V the Queen
Criminal Law Defrauding a Body Corporate Sentencing Aggregate Sentence Principles in Pearce V the Queen

Case Brief

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Parties

Regina

Respondent

Jennifer May Rosser

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed offended the principles in Pearce v The Queen
  2. 2 Whether the aggregate sentence was excessive

Ratio Decidendi

The aggregate sentence of four years with a non-parole period of two years and three months was appropriate to mark the criminality exhibited by all the offences; adjusting individual sentences while preserving the aggregate sentence would be futile, and there is no basis for imposing some other aggregate sentence.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal against sentence is granted.
  • Appeal against sentence is dismissed.