Bick v Regina (Commonwealth) [2006] NSWCCA 408

Bick v Regina (Commonwealth) [2006] NSWCCA 408

Although the non-parole period was a high percentage of the aggregate effective head sentence, the applicant's criminality was of a high degree, involving over eleven years of planned dishonesty, use of false names and documents, a large loss to the Commonwealth, and a need for general deterrence. The aggregate head sentence was not at the upper level of the appropriate range, and the non-parole period of 3 years and 6 months appropriately reflected the seriousness of the offending. The Court was not persuaded that another sentence was warranted in law.

Jurisdiction
Australia
Judgment Date
13 December 2006
Procedural Posture
Criminal Appeal Against Sentence; Application for Leave to Appeal / New South Wales Court of Criminal Appeal; Leave to Appeal Granted and Appeal Dismissed
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['social Security Fraud' 'non Parole Period' 'aggregate Head Sentence' 'departure From Usual Non Parole Period Range' 'general Deterrence']
['criminal Law' 'sentencing' 'criminal Appeals' 'commonwealth Offences'] ['social Security Fraud' 'non Parole Period' 'aggregate Head Sentence' 'departure From Usual Non Parole Period Range' 'general Deterrence']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence; Application for Leave to Appeal / New South Wales Court of Criminal Appeal; Leave to Appeal Granted and Appeal Dismissed

Legal Issues

  1. 1 ['Whether the sentencing judge erred in determining the non-parole period for Commonwealth offences.' 'Whether the ratio of the non-parole period to the aggregate head sentence was excessive.' 'Whether departure from the usual range of non-parole periods justified appellate intervention.']

Ratio Decidendi

Although the non-parole period was a high percentage of the aggregate effective head sentence, the applicant's criminality was of a high degree, involving over eleven years of planned dishonesty, use of false names and documents, a large loss to the Commonwealth, and a need for general deterrence. The aggregate head sentence was not at the upper level of the appropriate range, and the non-parole period of 3 years and 6 months appropriately reflected the seriousness of the offending. The Court was not persuaded that another sentence was warranted in law.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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