R v Giam (No. 2) [1999] NSWCCA 378

R v Giam (No. 2) [1999] NSWCCA 378

The sentence of recognisance for the offence standing alone was manifestly inadequate given the seriousness, the amount involved, and breach of trust. The appropriate sentence was imprisonment with credit for time already served and time spent on conditional liberty since the earlier appeal.

Jurisdiction
Australia
Judgment Date
26 November 1999
Procedural Posture
Crown Appeal Against Sentence / Appellate Judgment on Appeal Against Sentence
Outcome
Crown appeal allowed. Respondent re-sentenced.
Legal Topics
['sentencing' 'cheat and Defraud as a Director' 'crown Appeal' 'inadequacy of Sentence' 'evidence of Court Proceedings']
['criminal Law'] ['sentencing' 'cheat and Defraud as a Director' 'crown Appeal' 'inadequacy of Sentence' 'evidence of Court Proceedings']

Case Brief

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Procedural Posture

Crown Appeal Against Sentence / Appellate Judgment on Appeal Against Sentence

Legal Issues

  1. 1 ['Whether sentence of recognisance for offence under s 176A of Crimes Act 1900 was inadequate' 'Whether court can re-sentence after other convictions set aside' 'Whether delay in bringing Crown appeal justifies dismissal']

Ratio Decidendi

The sentence of recognisance for the offence standing alone was manifestly inadequate given the seriousness, the amount involved, and breach of trust. The appropriate sentence was imprisonment with credit for time already served and time spent on conditional liberty since the earlier appeal.

Court Disposition

Crown appeal allowed. Respondent re-sentenced.

Orders

  • ['Order for recognisance quashed.' 'Respondent sentenced to imprisonment for a minimum term of 14 months with an additional term of 16 months, the terms to date from the day on which he goes into custody.' 'On expiration of the minimum term, the respondent to be released on parole subject to statutory conditions and...