Finnigan v R [2013] NSWCCA 177

Finnigan v R [2013] NSWCCA 177

The sentencing judge erred in principle by adopting a 'global approach,' rather than fixing individual sentences for each count as required by Pearce, and partially justifying the overall sentence by reference to it being 'one of the toughest sentences ever imposed'; a reassessment in accordance with proper...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 August 2013
Procedural Posture
Criminal Appeal / Decision on Appeal Against Sentence
Outcome
Leave to appeal granted; appeal allowed; original sentences quashed; applicant resentenced to a total term of imprisonment with a reduced non-parole period.
Legal Topics
['sentencing' 'fraud' 'appeal Procedure' 'white Collar Crime']
['criminal Law'] ['sentencing' 'fraud' 'appeal Procedure' 'white Collar Crime']

Source-derived case record

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Procedural Posture

Criminal Appeal / Decision on Appeal Against Sentence

Legal Issues

  1. 1 ["Whether the sentencing judge mistook facts relevant to assessment of objective seriousness of the applicant's offending" "Whether the sentencing judge erred by adopting an impermissible 'global approach' contrary to Pearce v. The Queen" 'Whether the sentence imposed was manifestly excessive']

Ratio Decidendi

The sentencing judge erred in principle by adopting a 'global approach,' rather than fixing individual sentences for each count as required by Pearce, and partially justifying the overall sentence by reference to it being 'one of the toughest sentences ever imposed'; a reassessment in accordance with proper principle results in a reduction of the total effective sentence, having due regard to the objective seriousness of the offences, the impact on individual victims, and the need for deterrence and protection of the community.

Court Disposition

Leave to appeal granted; appeal allowed; original sentences quashed; applicant resentenced to a total term of imprisonment with a reduced non-parole period.

Orders

  • ['(1) Grant leave to appeal;' '(2) Appeal allowed;' '(3) Quash the sentences passed on the applicant in the District Court and instead sentence the applicant as follows: (a) In respect of Count 1, a term of imprisonment of 4 years commencing on 16th December 2011 and expiring on 15th December 2015; (b) In respect of...