R v Hawker [2001] NSWCCA 148

R v Hawker [2001] NSWCCA 148

The sentence was within the permissible range because the applicant knowingly participated for more than three years in a deliberate and systematic deception of the Commonwealth Bank, enabled use of his accounts, obtained about $560,000, had thirty-five further matters taken into account, and his criminality was considerable. General deterrence was important for this kind of serious white collar dishonesty, and the asserted distinction between the applicant and his co-accused did not justify a different sentencing approach.

Jurisdiction
Australia
Judgment Date
18 April 2001
Procedural Posture
Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the NSW Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['obtaining Money by Deception' 'appeal Against Sentence' 'white Collar Crime' 'general Deterrence' 'sentencing Range' 'form 1 Matters']
['criminal Law' 'sentencing'] ['obtaining Money by Deception' 'appeal Against Sentence' 'white Collar Crime' 'general Deterrence' 'sentencing Range' 'form 1 Matters']

Case Brief

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Procedural Posture

Criminal Appeal Against Sentence / Application for Leave to Appeal Against Sentence in the NSW Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the total sentencing order for offences of obtaining money by deception fell outside the permissible range.' 'Whether reliance on selected appellate decisions or sentencing statistics established a sentencing range requiring a lesser sentence.' "Whether the applicant's conduct should be distinguished from breach of trust cases involving employees of an institution." 'Whether the amount of money, duration and systematic nature of the deception required significant general deterrence and justified the sentence imposed.']

Ratio Decidendi

The sentence was within the permissible range because the applicant knowingly participated for more than three years in a deliberate and systematic deception of the Commonwealth Bank, enabled use of his accounts, obtained about $560,000, had thirty-five further matters taken into account, and his criminality was considerable. General deterrence was important for this kind of serious white collar dishonesty, and the asserted distinction between the applicant and his co-accused did not justify a different sentencing approach.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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