Stroud v R [2019] NSWCCA 249

Stroud v R [2019] NSWCCA 249

While some overlap existed between offences, each retained distinct components of criminality and, considering the number of victims and the amount involved, no unjustified disparity existed between the applicant’s and Ms Goh’s sentences. The appeal was therefore dismissed.

Jurisdiction
Australia
Judgment Date
21 October 2019
Procedural Posture
Criminal Sentence Appeal / Court of Criminal Appeal – Leave to Appeal Against Sentence
Outcome
Leave to appeal against sentence granted; appeal dismissed.
Legal Topics
['sentence Appeal' 'fraud' 'parity Principle' 'aggregate Sentence' 'totality Principle']
['criminal Law'] ['sentence Appeal' 'fraud' 'parity Principle' 'aggregate Sentence' 'totality Principle']

Case Brief

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Procedural Posture

Criminal Sentence Appeal / Court of Criminal Appeal – Leave to Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the disparity in sentencing between the applicant and the co-offender (Ms Goh) is unjustified and constitutes appealable error under the parity principle' 'Whether significant overlap exists in the criminality of the applicant such that cumulative sentences were inappropriate given totality']

Ratio Decidendi

While some overlap existed between offences, each retained distinct components of criminality and, considering the number of victims and the amount involved, no unjustified disparity existed between the applicant’s and Ms Goh’s sentences. The appeal was therefore dismissed.

Court Disposition

Leave to appeal against sentence granted; appeal dismissed.

Orders

  • ['Leave to appeal against sentence is granted.' 'The appeal is dismissed.']