ORD v R [2008] NSWCCA 162

ORD v R [2008] NSWCCA 162

The sentencing judge's findings that there would be an initial three-month separation, no guarantee of reunification, but a good likelihood of reunification through the Mothers and Children's Programme if the applicant sought it, were open on the evidence. The judge took into account the applicant's relationship with Hayden Scott, drug use, rehabilitation and delay. No specific error was shown and the manifest excess ground depended on rejected grounds, so leave was granted but the appeal against sentence was dismissed.

Jurisdiction
Australia
Judgment Date
08 August 2008
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentences Imposed in the District Court
Outcome
Leave to appeal granted; appeal against sentence dismissed.
Legal Topics
['social Security Fraud' 'recognizance Release Order' 'effect of Imprisonment on Family or Dependants' "mothers and Children's Programme" 'delay' 'general Deterrence']
['criminal Law' 'sentencing' 'commonwealth Offences'] ['social Security Fraud' 'recognizance Release Order' 'effect of Imprisonment on Family or Dependants' "mothers and Children's Programme" 'delay' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentences Imposed in the District Court

Legal Issues

  1. 1 ["Whether the sentencing judge failed to give sufficient weight to the probable effect of imprisonment on the applicant's young child under s 16A(2)(p) of the Crimes Act 1914 Commonwealth." "Whether it was open to the sentencing judge to find a good likelihood that the applicant would be reunited with her child in custody through the Mothers and Children's Programme after about three months, despite no assessment of suitability having been made." 'Whether the sentencing judge gave insufficient weight to the role played by Hayden Scott in the offending.' 'Whether delay between discovery of the offending and commencement of proceedings warranted a lesser sentence.' 'Whether the sentence was manifestly excessive.']

Ratio Decidendi

The sentencing judge's findings that there would be an initial three-month separation, no guarantee of reunification, but a good likelihood of reunification through the Mothers and Children's Programme if the applicant sought it, were open on the evidence. The judge took into account the applicant's relationship with Hayden Scott, drug use, rehabilitation and delay. No specific error was shown and the manifest excess ground depended on rejected grounds, so leave was granted but the appeal against sentence was dismissed.

Court Disposition

Leave to appeal granted; appeal against sentence dismissed.

Orders

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