Regina v Reece Evan Wayne [2002] NSWCCA 426

Regina v Reece Evan Wayne [2002] NSWCCA 426

The appeal is allowed only to the extent of deleting the condition attached to the recognisance that actual payment of the pecuniary penalty order be made, as imposing that condition could result in inappropriate continued imprisonment due to circumstances beyond the applicant's control (e.g., property not realising expected value in sale); otherwise, the sentence is confirmed as the sentencing judge did not materially err in weighing the voluntary cessation aspect and the impact of the pecuniary penalty order.

Jurisdiction
Australia
Judgment Date
15 October 2002
Procedural Posture
Criminal Appeal / Decision on Leave to Appeal and Sentencing Order
Outcome
Leave to appeal granted; appeal allowed only to the extent of deleting the recognisance condition requiring payment of the pecuniary penalty; otherwise, sentence confirmed.
Legal Topics
['social Security Offences' 'fraud' 'sentencing' 'pecuniary Penalty' 'proceeds of Crime' 'appeal Against Severity']
['criminal Law'] ['social Security Offences' 'fraud' 'sentencing' 'pecuniary Penalty' 'proceeds of Crime' 'appeal Against Severity']

Case Brief

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Procedural Posture

Criminal Appeal / Decision on Leave to Appeal and Sentencing Order

Legal Issues

  1. 1 ['Whether the sentencing judge erred in finding the offences would have continued had they not been discovered' 'Whether the sentencing judge erred in failing to properly take into account the making of a pecuniary penalty order']

Ratio Decidendi

The appeal is allowed only to the extent of deleting the condition attached to the recognisance that actual payment of the pecuniary penalty order be made, as imposing that condition could result in inappropriate continued imprisonment due to circumstances beyond the applicant's control (e.g., property not realising expected value in sale); otherwise, the sentence is confirmed as the sentencing judge did not materially err in weighing the voluntary cessation aspect and the impact of the pecuniary penalty order.

Court Disposition

Leave to appeal granted; appeal allowed only to the extent of deleting the recognisance condition requiring payment of the pecuniary penalty; otherwise, sentence confirmed.

Orders

  • ['Leave to appeal granted' 'Appeal allowed to the extent only that the condition of the recognisance requiring payment of the pecuniary penalty be deleted' 'Otherwise the sentence is confirmed']