Siwek v R [2017] NSWCCA 178

Siwek v R [2017] NSWCCA 178

The sentencing judge considered all relevant mitigating factors, including partial repayment and gambling addiction. No specific discount was required for these matters, and, given the sustained and serious nature of the fraud, gross breach of trust, and substantial amounts involved, the sentence was not manifestly excessive. The grounds of appeal were not made out.

Parties
Applicant: John Siwek; Respondent: Regina
Jurisdiction
Australia
Judgment Date
28 July 2017
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Appeal Against Sentence, Fraud, Mitigating Factors, Manifest Excess, Gambling Addiction, Repayment of Funds
Criminal Law Appeal Against Sentence Fraud Mitigating Factors Manifest Excess Gambling Addiction Repayment of Funds

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Parties

John Siwek

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence was manifestly excessive
  2. 2 Whether sentencing judge erred in failing to apply a discount for partial repayment of monies
  3. 3 Whether sentencing judge erred in failing to apply a discount for gambling addiction

Ratio Decidendi

The sentencing judge considered all relevant mitigating factors, including partial repayment and gambling addiction. No specific discount was required for these matters, and, given the sustained and serious nature of the fraud, gross breach of trust, and substantial amounts involved, the sentence was not manifestly excessive. The grounds of appeal were not made out.

Court Disposition

Appeal dismissed

Orders

  • Leave to appeal granted
  • Appeal dismissed