Regina v Phillis [2001] NSWCCA 91

Regina v Phillis [2001] NSWCCA 91

The sentence for possession of counterfeit money was excessive because, on the accepted evidence, the applicant did not know the money was counterfeit until after attempting to use it at the Post Office. Therefore, the amount involved should be reduced and the sentence adjusted to one month's imprisonment. The commencement and expiry dates of sentences for deception offences should also be varied to properly reflect the correct total effective sentence.

Parties
Appellant: Regina; Respondent: Brett Robert Phillis
Jurisdiction
Australia
Judgment Date
28 March 2001
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
Appeal against sentence for possession of counterfeit money allowed; sentence quashed and substituted; variation of commencement and expiry dates for deception offences.
Legal Topics
Sentencing, Deception Offences, Possession of Counterfeit Currency, Mental Element
Criminal Law Sentencing Deception Offences Possession of Counterfeit Currency Mental Element

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Parties

Regina

Appellant

Brett Robert Phillis

Respondent

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed for possession of counterfeit money properly reflected the mental element of the offence
  2. 2 Whether the sentencing judge inadequately addressed the factual basis for knowledge of the counterfeit nature of the money
  3. 3 Whether sentences for deception offences required variation

Ratio Decidendi

The sentence for possession of counterfeit money was excessive because, on the accepted evidence, the applicant did not know the money was counterfeit until after attempting to use it at the Post Office. Therefore, the amount involved should be reduced and the sentence adjusted to one month's imprisonment. The commencement and expiry dates of sentences for deception offences should also be varied to properly reflect the correct total effective sentence.

Court Disposition

Appeal against sentence for possession of counterfeit money allowed; sentence quashed and substituted; variation of commencement and expiry dates for deception offences.

Orders

  • Leave to appeal against sentences for deception offences refused.
  • Leave to appeal against sentence for possession of counterfeit money granted; appeal allowed; sentence of six months quashed and substituted with one month's imprisonment from 18 January 2000 to 17 February 2000.