Noble v R [2018] NSWCCA 253

Noble v R [2018] NSWCCA 253

Despite the sentencing judge's failure to make express reference to the applicant's pleas of guilty and apply a utilitarian discount as now required by later authority, no lesser sentence than that imposed was warranted given the gravity and persistence of offending, the need for general deterrence, and comparison with sentences in similar cases. Leave to appeal is granted but the appeal is dismissed.

Parties
Applicant: Kathleen Noble; Respondent: Regina
Jurisdiction
Australia
Judgment Date
09 November 2018
Procedural Posture
Criminal Sentence Appeal / Court of Criminal Appeal (nswcca) – Leave to Appeal Granted; Appeal Dismissed
Outcome
Leave to appeal granted; appeal dismissed
Legal Topics
Sentencing, Dishonesty Offences, Tax Fraud, Appeal Against Sentence, Guilty Plea Discount, Manifest Excess, Utilitarian Value, Error in Sentencing Discretion
Criminal Law Sentencing Dishonesty Offences Tax Fraud Appeal Against Sentence Guilty Plea Discount Manifest Excess Utilitarian Value +1 more

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Parties

Kathleen Noble

Applicant

Regina

Respondent

Procedural Posture

Criminal Sentence Appeal / Court of Criminal Appeal (nswcca) – Leave to Appeal Granted; Appeal Dismissed

Legal Issues

  1. 1 Whether the sentencing judge failed to take into account the applicant's pleas of guilty as required by s 16A(2)(g) Crimes Act 1914 (Cth)
  2. 2 Whether the sentence imposed was manifestly excessive
  3. 3 Whether a utilitarian discount should apply for early pleas of guilty for Commonwealth offences

Ratio Decidendi

Despite the sentencing judge's failure to make express reference to the applicant's pleas of guilty and apply a utilitarian discount as now required by later authority, no lesser sentence than that imposed was warranted given the gravity and persistence of offending, the need for general deterrence, and comparison with sentences in similar cases. Leave to appeal is granted but the appeal is dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed

Orders

  • Leave to appeal granted.
  • Appeal dismissed.