Masling v The Queen [2000] FCA 1146

Masling v The Queen [2000] FCA 1146

The appeal was dismissed because a custodial sentence was required as proper punishment and as a firm deterrent, the sentences imposed were well below the maximum and within the appropriate range, periodic detention was unavailable given the length of the appropriate sentence, and no convictions were in fact recorded for the 21 additional offences taken into account under s 448.

Jurisdiction
Australia
Judgment Date
14 August 2000
Procedural Posture
Criminal Sentencing Appeal / Appeal Against Severity of Sentences
Outcome
Appeal dismissed.
Legal Topics
['obtaining a Financial Advantage by Deception' 'false Instruments' 'additional Offences Taken Into Account' 'custodial Sentence' 'periodic Detention' 'reparation Orders']
['criminal Law' 'sentencing'] ['obtaining a Financial Advantage by Deception' 'false Instruments' 'additional Offences Taken Into Account' 'custodial Sentence' 'periodic Detention' 'reparation Orders']

Case Brief

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Procedural Posture

Criminal Sentencing Appeal / Appeal Against Severity of Sentences

Legal Issues

  1. 1 ['Whether the sentences of imprisonment were excessive or otherwise affected by error.' 'Whether the sentencing judge failed to take adequate account of rehabilitation, subjective circumstances, reparation, periodic detention, and alternatives to imprisonment.' 'Whether the sentencing judge impermissibly purported to convict the appellant for 21 additional offences taken into account under s 448 of the Crimes Act 1900 (ACT).']

Ratio Decidendi

The appeal was dismissed because a custodial sentence was required as proper punishment and as a firm deterrent, the sentences imposed were well below the maximum and within the appropriate range, periodic detention was unavailable given the length of the appropriate sentence, and no convictions were in fact recorded for the 21 additional offences taken into account under s 448.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.']