Regina v Giallussi [1999] NSWCCA 56

Regina v Giallussi [1999] NSWCCA 56

The sentence imposed by the District Court was manifestly inadequate, did not properly reflect the objective seriousness of the offences or incorporate general deterrence, and incorrectly found special circumstances justifying non-custodial penalties; the appropriate sentence is a fixed term of three years imprisonment by way of periodic detention, with concurrent terms for each offence, and fines totalling $100,000.

Parties
Appellant: Regina; Respondent: Barbara Giallussi
Jurisdiction
Australia
Judgment Date
12 March 1999
Procedural Posture
Criminal Appeal / Court of Criminal Appeal Decision
Outcome
Appeal allowed; sentence quashed; respondent re-sentenced
Legal Topics
Defrauding the Commonwealth, Nursing Home Fraud, Sentencing, Double Jeopardy, General Deterrence
Criminal Law Defrauding the Commonwealth Nursing Home Fraud Sentencing Double Jeopardy General Deterrence

Case Brief

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Parties

Regina

Appellant

Barbara Giallussi

Respondent

Procedural Posture

Criminal Appeal / Court of Criminal Appeal Decision

Legal Issues

  1. 1 Whether the sentence imposed for defrauding the Commonwealth was manifestly inadequate
  2. 2 Whether special circumstances existed to justify a non-custodial sentence
  3. 3 Appropriate recognition of double jeopardy in re-sentencing

Ratio Decidendi

The sentence imposed by the District Court was manifestly inadequate, did not properly reflect the objective seriousness of the offences or incorporate general deterrence, and incorrectly found special circumstances justifying non-custodial penalties; the appropriate sentence is a fixed term of three years imprisonment by way of periodic detention, with concurrent terms for each offence, and fines totalling $100,000.

Court Disposition

Appeal allowed; sentence quashed; respondent re-sentenced

Orders

  • The appeal is allowed.
  • The sentence imposed by the sentencing judge is quashed.