Massey v R [2015] NSWDC 350

Massey v R [2015] NSWDC 350

Given the appellant’s prior good character, extenuating personal circumstances at the time of offending, and the nature of the offences, the court sets aside the recorded conviction and orders, under s 10 of the Crimes (Sentencing Procedure) Act 1999, that the appellant is discharged on condition of entering into a good behaviour bond for 12 months for each offence.

Jurisdiction
Australia
Judgment Date
19 August 2015
Procedural Posture
Criminal Appeal / Sentencing Appeal – District Court (appeal Against Local Court Sentence)
Outcome
Appeal allowed. Sentences set aside. Appellant discharged without conviction on good behaviour bond for 12 months for each offence.
Legal Topics
['fraud Offences' 'appeal Against Sentence' 'good Behaviour Bond' 'forgery' 'sentencing – Extenuating Circumstances']
['criminal Law'] ['fraud Offences' 'appeal Against Sentence' 'good Behaviour Bond' 'forgery' 'sentencing – Extenuating Circumstances']

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Procedural Posture

Criminal Appeal / Sentencing Appeal – District Court (appeal Against Local Court Sentence)

Legal Issues

  1. 1 ['Whether the appellant should be convicted and a good behaviour bond imposed or whether an order under s 10 Crimes (Sentencing Procedure) Act 1999 should be made (no conviction)']

Ratio Decidendi

Given the appellant’s prior good character, extenuating personal circumstances at the time of offending, and the nature of the offences, the court sets aside the recorded conviction and orders, under s 10 of the Crimes (Sentencing Procedure) Act 1999, that the appellant is discharged on condition of entering into a good behaviour bond for 12 months for each offence.

Court Disposition

Appeal allowed. Sentences set aside. Appellant discharged without conviction on good behaviour bond for 12 months for each offence.

Orders

  • ['Sentences imposed by magistrate are set aside under s 20(2) Crimes (Appeal and Review) Act 2001 (NSW).' 'Appellant found guilty of both offences without conviction under s 10 Crimes (Sentencing Procedure) Act 1999 (NSW).' 'Appellant discharged on condition she enters into a good behaviour bond for 12 months for...