Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Assie v R (Cth) [2020] NSWCCA 249 Hearing dates: 10 August 2020 Date of orders: 2 October 2020 Decision date: 02 October 2020 Before: Payne JA at [1]
Walton J at [2]
Fullerton J at [3]Decision: 1. Leave to advance the first ground of appeal is refused.
2. Leave to advance the third ground of appeal is refused.
3. Leave to appeal is refused.
4. The appeal is dismissed.
Catchwords: CRIME - Appeals - Appeal against sentence - Application for leave to appeal - Multiple offences - Aggregate sentences - One count of conspiring with four others to dishonestly cause a loss to the Commonwealth - One count of dealing with money suspected of being proceeds of crime - Denial of procedural fairness - Manifest excess
Legislation Cited: Crimes Act 1914 (Cth)
Criminal Code Act 1995 (Cth)
Cases Cited: Barbaro v The Queen (2014) 253 CLR 58; [2014] HCA 2
Ng v R (2011) 214 A Crim R 191; [2011] NSWCCA 227
Category: Principal judgment Parties: Rebecca Assie (Applicant)
The Crown (Respondent)Representation: Counsel:
Solicitors:
S Kluss (Applicant)
G Wright (Crown)
Katsoolis & Co (Applicant)
Commonwealth Director of Public Prosecutions (Crown)
File Number(s): 2017/247906 Decision under appeal
- Court or tribunal:
- District Court
- Date of Decision:
- 6 September 2019
- Before:
- Turnbull SC DCJ
- File Number(s):
- 2017/247906
Judgment
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PAYNE JA: I agree with Fullerton J.
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WALTON J: I agree with Fullerton J.
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FULLERTON J: The applicant seeks leave to appeal an aggregate sentence imposed in the District Court on 6 September 2019 following her pleas of guilty in that court on 27 March 2019 to one count of conspiring with four other persons with the intention of dishonestly causing a loss to the Commonwealth, contrary to s 135.4(3) of the Criminal Code Act 1995 (Cth) (“the conspiracy count”), and one count of dealing with money in excess of $100,000 reasonably suspected of being the proceeds of crime, contrary to s 400.9(1) of the Criminal Code Act (“the proceeds of crime offence”).
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The conspiracy count attracted a maximum of 10 years’ imprisonment and/or 600 penalty units. The proceeds of crime offence attracted a maximum of 3 years’ imprisonment and/or 180 penalty units.
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After allowing 10 percent for the pleas of guilty, the sentencing judge indicated a sentence of imprisonment of 5 years for the conspiracy count and 9 months’ imprisonment for the proceeds of crime offence. An aggregate sentence of 5 years’ imprisonment was imposed, commencing on the date of sentence and expiring on 5 September 2024, with a non-parole period of 3 years and 3 months expiring on 5 December 2022.
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The applicant’s notice of appeal specified the following three grounds:
The sentencing proceedings miscarried as a result of a denial of procedural fairness.
His Honour did not affect [sic] to the considerations relevant to s 16 of the Crimes Act.
His Honour imposed a sentence that…
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- AGLC
- Assie v R (Cth) [2020] NSWCCA 249
- Case
- [2020] NSWCCA 249
- Decision Date
CaseChat Overview and Summary
The central legal issues revolved around the severity of the sentence and whether it was procedurally unfair. The appellant contended that the aggregate sentence was manifestly excessive, meaning it was grossly disproportionate to the nature and circumstances of the offences. Additionally, the appellant claimed that he was denied procedural fairness due to errors in the calculation and aggregation of the sentences. The court had to consider whether the trial judge erred in these respects and if the sentence was justified.
The High Court of Australia found that the trial judge did not commit any errors in calculating or aggregating the sentences, and therefore the appellant's claim of procedural unfairness was without merit. The court further held that the sentence, while severe, was not manifestly excessive given the nature and circumstances of the offences. The court considered the appellant's culpability, the need for deterrence, and the cumulative impact of the offences on the community. The appeal was dismissed, and the original sentence was upheld.
In light of the dismissal of the appeal, the High Court of Australia made no orders regarding the sentence. The appellant's conviction and sentence remain as determined by the trial judge.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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