R v Rankin [2006] NSWDC 183

R v Rankin [2006] NSWDC 183

Given the defendant's minor role, youth, lack of prior record or financial motivation, demonstrated remorse and rehabilitation, substantial cooperation with authorities, and the combined discount for cooperation and guilty plea, the proper sentence for all but one count is a suspended term of imprisonment pursuant to s 12 Crimes (Sentencing Procedure) Act 1999, with a good behaviour bond. For Count 4, a good behaviour bond under s 9 is imposed without a custodial sentence.

Jurisdiction
Australia
Judgment Date
02 November 2006
Procedural Posture
Criminal / Sentencing After Guilty Plea
Outcome
Suspended sentences of imprisonment and good behaviour bonds imposed for all offences, with no immediate custodial sentence; one count punished by bond only.
Legal Topics
['sentence' 'fraud' 'making False Instrument' 'use of False Instrument' 'cooperation With Authorities' 'delay in Proceedings']
['criminal Law'] ['sentence' 'fraud' 'making False Instrument' 'use of False Instrument' 'cooperation With Authorities' 'delay in Proceedings']

Case Brief

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Procedural Posture

Criminal / Sentencing After Guilty Plea

Legal Issues

  1. 1 ['Appropriate sentence for aiding and abetting offences of making and using false instruments under Crimes Act 1900' 'Relevant discount for cooperation with authorities and plea of guilty' 'Relative culpability of the defendant compared to co-offenders' 'Application of suspended sentences under s 12 Crimes (Sentencing Procedure) Act 1999' 'Consideration of aggravating and mitigating factors under s 21A Crimes (Sentencing Procedure) Act 1999']

Ratio Decidendi

Given the defendant's minor role, youth, lack of prior record or financial motivation, demonstrated remorse and rehabilitation, substantial cooperation with authorities, and the combined discount for cooperation and guilty plea, the proper sentence for all but one count is a suspended term of imprisonment pursuant to s 12 Crimes (Sentencing Procedure) Act 1999, with a good behaviour bond. For Count 4, a good behaviour bond under s 9 is imposed without a custodial sentence.

Court Disposition

Suspended sentences of imprisonment and good behaviour bonds imposed for all offences, with no immediate custodial sentence; one count punished by bond only.

Orders

  • ['Convictions entered for all counts.' 'For Count 1 (including two Form 1 matters): 1 year 4 months imprisonment, wholly suspended on entering a good behaviour bond for the term of sentence and conditions as specified.' 'Counts 2, 3, 5, 6: 12 months imprisonment (each), wholly suspended on a bond for the term of...