Regina v Scott [2005] NSWCCA 152

Regina v Scott [2005] NSWCCA 152

The order for periodic detention failed to reflect the objective seriousness of the offences and need for general deterrence; quashing the periodic detention order and confirming the sentence of full-time imprisonment was required to adequately punish and denounce the conduct.

Jurisdiction
Australia
Judgment Date
18 April 2005
Procedural Posture
Criminal Appeal / Sentencing Appeal
Outcome
Crown appeal against sentence allowed; periodic detention order quashed; sentences otherwise confirmed.
Legal Topics
['sentencing' 'fraud' 'periodic Detention' 'general Deterrence']
['criminal Law'] ['sentencing' 'fraud' 'periodic Detention' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal Appeal / Sentencing Appeal

Legal Issues

  1. 1 ['Whether the sentence imposed was manifestly inadequate considering the objective seriousness of the offence and general deterrence' 'Whether it was appropriate to order periodic detention for serious fraud offences' 'Whether delay and subjective circumstances justified periodic detention']

Ratio Decidendi

The order for periodic detention failed to reflect the objective seriousness of the offences and need for general deterrence; quashing the periodic detention order and confirming the sentence of full-time imprisonment was required to adequately punish and denounce the conduct.

Court Disposition

Crown appeal against sentence allowed; periodic detention order quashed; sentences otherwise confirmed.

Orders

  • ['Order for service of sentence by periodic detention is quashed.' 'On each count respondent is sentenced to imprisonment for two years and six months with a non-parole period of 22 months and 15 days, each to commence on 4 February 2005.' 'Non-parole period to expire on 18 December 2006.' 'Respondent to be released...