Quetcher v R [2010] NSWCCA 257

Quetcher v R [2010] NSWCCA 257

The sentencing Judge did not err in considering the applicant's lack of co-operation under s 16A(2)(h), appropriately assessed the evidence relevant to likelihood of re-offending, and the aggregate sentence imposed was within the available range given the gravity, sophistication, period, and breach of trust involved...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 November 2010
Procedural Posture
Criminal Appeal / Leave to Appeal Sentencing Decision
Outcome
leave to appeal granted; appeal dismissed
Legal Topics
['sentencing' 'commonwealth Offences' 'fraud' 'abuse of Position of Trust']
['criminal Law'] ['sentencing' 'commonwealth Offences' 'fraud' 'abuse of Position of Trust']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Appeal / Leave to Appeal Sentencing Decision

Legal Issues

  1. 1 ["Whether the Judge erred in considering the applicant's record of interview under s 16A(2)(h) Crimes Act 1914" 'Whether there was error in assessing the likelihood of re-offending' 'Whether the sentences were manifestly excessive']

Ratio Decidendi

The sentencing Judge did not err in considering the applicant's lack of co-operation under s 16A(2)(h), appropriately assessed the evidence relevant to likelihood of re-offending, and the aggregate sentence imposed was within the available range given the gravity, sophistication, period, and breach of trust involved in the offences.

Court Disposition

leave to appeal granted; appeal dismissed

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']