Heller v R [2008] NSWCCA 241

Heller v R [2008] NSWCCA 241

The sentencing judge had regard to the earlier sentence and the totality principle, and it was open to treat the earlier frauds as discrete and independent criminal acts not comprehended by the later offences. The sentences for intending to pervert the course of justice and the overall effective sentence were within the sentencing discretion, and no error or basis for a less severe sentence was established.

Jurisdiction
Australia
Judgment Date
20 October 2008
Procedural Posture
Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
['obtaining Money by Deception' 'intending to Pervert the Course of Justice' 'totality Principle' 'manifest Excess' 'concurrent and Cumulative Sentences' 'special Circumstances']
['criminal Law' 'sentencing'] ['obtaining Money by Deception' 'intending to Pervert the Course of Justice' 'totality Principle' 'manifest Excess' 'concurrent and Cumulative Sentences' 'special Circumstances']

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Procedural Posture

Criminal Sentence Appeal / Application for Leave to Appeal Against Sentence in the New South Wales Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the sentencing judge failed to properly apply the principle of totality in respect of the matters for which the applicant came for sentence and the matters for which she was already serving a sentence.' 'Whether the sentences for each count of intending to pervert the course of justice were manifestly excessive.' 'Whether the overall effective sentence was manifestly excessive.']

Ratio Decidendi

The sentencing judge had regard to the earlier sentence and the totality principle, and it was open to treat the earlier frauds as discrete and independent criminal acts not comprehended by the later offences. The sentences for intending to pervert the course of justice and the overall effective sentence were within the sentencing discretion, and no error or basis for a less severe sentence was established.

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

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