GRENFELL, Richard Gerald v R [2009] NSWCCA 162

GRENFELL, Richard Gerald v R [2009] NSWCCA 162

The sentencing judge did not err in failing to reduce the sentence with reference to legislative changes as the penalties for the offences, given the facts, remained consistent; sufficient consideration was given to the applicant’s health; and the sentences imposed were not manifestly excessive, reflecting the level of criminality involved.

Jurisdiction
Australia
Judgment Date
12 June 2009
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence and Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['sentencing' 'social Security Fraud' 'consideration of Legislative Change' 'weight Given to Medical Conditions' 'manifest Excess in Sentencing']
['criminal Law'] ['sentencing' 'social Security Fraud' 'consideration of Legislative Change' 'weight Given to Medical Conditions' 'manifest Excess in Sentencing']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence and Appeal

Legal Issues

  1. 1 ['Whether sentencing judge erred by not considering legislative change concerning s 29D of the Crimes Act 1914 (Cth) and s 135.1(2) of the Criminal Code Act 1995 (Cth)' "Whether insufficient weight was given to applicant's medical condition and disabilities" 'Whether sentences were manifestly excessive']

Ratio Decidendi

The sentencing judge did not err in failing to reduce the sentence with reference to legislative changes as the penalties for the offences, given the facts, remained consistent; sufficient consideration was given to the applicant’s health; and the sentences imposed were not manifestly excessive, reflecting the level of criminality involved.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']