REGINA v David FIELDS [2002] NSWCCA 523

REGINA v David FIELDS [2002] NSWCCA 523

The original sentence was manifestly inadequate given the planning involved, the serious breach of trust by the employee, the large sums involved, the respondent's criminal history, and his commission of the offence while serving sentences for dishonesty. The discount for the guilty plea was excessive, and insufficient weight was given to general deterrence and the objective seriousness of the offending.

Parties
Applicant: Regina; Respondent: David Fields
Jurisdiction
Australia
Judgment Date
18 December 2002
Procedural Posture
Criminal Appeal / Crown Appeal Against Sentence
Outcome
Crown appeal allowed; sentence quashed; respondent resentenced
Legal Topics
Sentence Appeal, Larceny, Crown Appeal, Inadequacy of Sentence
Criminal Law Sentence Appeal Larceny Crown Appeal Inadequacy of Sentence

Case Brief

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Parties

Regina

Applicant

David Fields

Respondent

Procedural Posture

Criminal Appeal / Crown Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed by the District Court was manifestly inadequate
  2. 2 Whether the sentencing judge erred in not setting a non-parole period pursuant to s 44(1)(b) of the Crimes (Sentencing Procedure) Act 1999

Ratio Decidendi

The original sentence was manifestly inadequate given the planning involved, the serious breach of trust by the employee, the large sums involved, the respondent's criminal history, and his commission of the offence while serving sentences for dishonesty. The discount for the guilty plea was excessive, and insufficient weight was given to general deterrence and the objective seriousness of the offending.

Court Disposition

Crown appeal allowed; sentence quashed; respondent resentenced

Orders

  • Allow the Crown appeal.
  • Quash the sentence of imprisonment.