Lewis, Mandy Jayne v R [2009] NSWDC 157

Lewis, Mandy Jayne v R [2009] NSWDC 157

Having regard to Ms Lewis's health, mental condition, extenuating personal circumstances, lack of prior convictions, efforts to rehabilitate and become more employable, and the impact a conviction would have on her future employment, it was inexpedient to inflict any punishment. The appeal was allowed, the Magistrate's sentence set aside, and Ms Lewis discharged without conviction under s 19B(1)(d) upon entering into a recognisance to be of good behaviour for two years and to make reparation for the sum defrauded.

Jurisdiction
Australia
Judgment Date
23 June 2009
Procedural Posture
Criminal Sentence Appeal / Appeal Against Sentence
Outcome
appeal allowed; sentence set aside; offender discharged without conviction under conditions
Legal Topics
['sentence Appeal' 'obtain Financial Advantage From Commonwealth Entity' 'application of S 19 B Crimes Act 1914' 'conditional Discharge' 'expediency to Inflict Punishment']
['criminal Law'] ['sentence Appeal' 'obtain Financial Advantage From Commonwealth Entity' 'application of S 19 B Crimes Act 1914' 'conditional Discharge' 'expediency to Inflict Punishment']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the Magistrate's sentence should be set aside and the appellant discharged without conviction under s 19B(1)(d) Crimes Act 1914" "Application of s 19B Crimes Act 1914 to the offender's circumstances, including health and prospects of rehabilitation"]

Ratio Decidendi

Having regard to Ms Lewis's health, mental condition, extenuating personal circumstances, lack of prior convictions, efforts to rehabilitate and become more employable, and the impact a conviction would have on her future employment, it was inexpedient to inflict any punishment. The appeal was allowed, the Magistrate's sentence set aside, and Ms Lewis discharged without conviction under s 19B(1)(d) upon entering into a recognisance to be of good behaviour for two years and to make reparation for the sum defrauded.

Court Disposition

appeal allowed; sentence set aside; offender discharged without conviction under conditions

Orders

  • ['The sentence of the Magistrate is set aside.' 'Ms Lewis is discharged without proceeding to conviction in respect of all three charges under s 19B(1)(d) Crimes Act 1914 upon entering a recognisance to be of good behaviour for two years and to make reparation of $7,522.08 by $20 fortnightly instalments following...