R v Bernard [1999] NSWCCA 156

R v Bernard [1999] NSWCCA 156

Leave to appeal was refused because the offences involved significant amounts, the conduct was dishonest, the sentencing judge took the applicant's medical condition into account, the sentence was already lenient because it was to be served by periodic detention, and there was no indication that the sentencing judge punished the applicant for a more serious offence in breach of R v De Simoni.

Jurisdiction
Australia
Judgment Date
11 June 1999
Procedural Posture
Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal
Outcome
Leave to appeal refused
Legal Topics
['passing Valueless Cheques' 'periodic Detention' 'general Deterrence' 'de Simoni Principle' 'community Service']
['criminal Law and Procedure' 'sentencing'] ['passing Valueless Cheques' 'periodic Detention' 'general Deterrence' 'de Simoni Principle' 'community Service']

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Procedural Posture

Application for Leave to Appeal Against Severity of Sentence / Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether leave should be granted to appeal against the severity of the sentences for passing valueless cheques.' 'Whether the sentencing judge gave too much weight to general deterrence.' 'Whether the sentencing judge breached the principle in R v De Simoni by referring to fraud when fraudulent behaviour was not an element of the charges.' 'Whether the existing periodic detention sentences should be altered to community service.']

Ratio Decidendi

Leave to appeal was refused because the offences involved significant amounts, the conduct was dishonest, the sentencing judge took the applicant's medical condition into account, the sentence was already lenient because it was to be served by periodic detention, and there was no indication that the sentencing judge punished the applicant for a more serious offence in breach of R v De Simoni.

Court Disposition

Leave to appeal refused

Orders

  • ['Leave to appeal is refused.']