REGINA v S J H [2002] NSWCCA 532

REGINA v S J H [2002] NSWCCA 532

Although the offences were serious frauds involving substantial sums and the respondent played a critical role, the sentencing judge had the good behaviour bond matter in mind before sentence, and the sentences were within the permissible range given the respondent's subjective circumstances, including remorse,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 November 2002
Procedural Posture
Criminal Sentence Appeal / Crown Appeal Against Inadequacy of Sentence Pursuant to S5 D of the Criminal Appeal Act 1912
Outcome
Appeal dismissed
Legal Topics
['crown Appeal Against Sentence' 'manifest Inadequacy' 'prior Conviction' 'good Behaviour Bond' 'fraud Offences' 'special Circumstances']
['criminal Law' 'sentencing'] ['crown Appeal Against Sentence' 'manifest Inadequacy' 'prior Conviction' 'good Behaviour Bond' 'fraud Offences' 'special Circumstances']

Source-derived case record

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Procedural Posture

Criminal Sentence Appeal / Crown Appeal Against Inadequacy of Sentence Pursuant to S5 D of the Criminal Appeal Act 1912

Legal Issues

  1. 1 ["Whether the sentencing judge failed to give any or adequate weight to the respondent's previous conviction." 'Whether the sentencing judge failed to take into account that the offences were committed while the respondent was on a good behaviour bond.' 'Whether the sentences imposed for using a false instrument and obtaining financial advantage by deception were manifestly inadequate.']

Ratio Decidendi

Although the offences were serious frauds involving substantial sums and the respondent played a critical role, the sentencing judge had the good behaviour bond matter in mind before sentence, and the sentences were within the permissible range given the respondent's subjective circumstances, including remorse, early guilty plea, high prospects of rehabilitation, prior service to the community as a police officer, and the finding that he received no substantial financial benefit.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed.']