Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Carnaby v R [2022] NSWCCA 250 Hearing dates: 9 November 2022 Date of orders: 2 December 2022 Decision date: 02 December 2022 Before: Button J at [1]
Fagan J at [2]
R A Hulme AJ at [3]Decision: (1) Time for filing notice of application for leave to appeal against sentence extended to 5 July 2022.
(2) Leave to appeal against sentence granted.
(3) Appeal dismissed.
Catchwords: CRIME – appeal – sentencing – dishonestly obtain credit of $2.56 million by deception – recruiting persons to assist in criminal activity – fraud in the course of acquiring luxury motor vehicles – substantial sum lost by credit providers – wide-ranging complaints of error as well as assertion sentence manifestly excessive – evidence of events post-sentencing – no merit – no point of principle
Legislation Cited: Crimes Act 1900 (NSW), ss 192E(1)(b) and 351A(1)
Crimes Amendment (Fraud, Identity and Forgery Offences) Act 2009 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 5(1), 21A(3), 22A , 44 and 44(2B)
Cases Cited: Betts v The Queen (2016) 258 CLR 420; [2016] HCA 25
Cahyadi v R [2007] NSWCCA 1 (2007) 168 A Crim R 4
Hili v The Queen; Jones v The Queen [2010] HCA 45; (2010) 242 CLR 520
House v The King (1936) 55 CLR 499
JM v R [2014] NSWCCA 297; (2014) 246 A Crim R 528
Category: Principal judgment Parties: Raymond Carnaby (Applicant)
Crown (Respondent)Representation: Counsel:
Solicitors:
Self-represented (Applicant)
Ms E Wilkins SC (Respondent)
Self-represented (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2016/373162 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- District Court of New South Wales
- Jurisdiction:
- Criminal
- Date of Decision:
- 22 May 2020
- Before:
- O’Rourke SC DCJ
- File Number(s):
- 2016/373162
JUDGMENT
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BUTTON J: I agree with R A Hulme AJ.
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FAGAN J: I agree with R A Hulme AJ, including that the Court should not receive the evidence referred to at [81] in his Honour’s judgment.
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R A HULME AJ: Mr Raymond Carnaby applies for leave to appeal in respect of an aggregate sentence imposed in the District Court at Sydney on 22 May 2020 by her Honour Judge O’Rourke SC.
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The sentence was one of imprisonment for 9 years with a non-parole period of 5 years 5 months and it was in respect of 19 offences for which the applicant had been found guilty by a jury.
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There were 15 offences of dishonestly obtaining a financial advantage by deception and four offences of recruiting another to assist in carrying out criminal activity. These…
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- AGLC
- Carnaby v The The King [2022] NSWCCA 250
- Case
- [2022] NSWCCA 250
- Decision Date
CaseChat Overview and Summary
The court meticulously examined the trial judge's sentencing remarks, assessing the extent to which the accused's actions warranted the penalty imposed. The accused argued that the sentence was disproportionately high and that there were substantial errors in the trial judge's consideration of mitigating factors. The court noted that while the loss to the credit providers was considerable, the trial judge had carefully weighed the various aspects of the crime and the accused's role within it. The court found that the sentence reflected a balanced and proportionate response to the gravity of the offence.
In reaching its conclusion, the court rejected the appeal, finding no merit in the claims of error and no basis to conclude that the sentence was manifestly excessive. The evidence presented post-sentencing did not alter the court's assessment of the sentence's appropriateness. The court held that the trial judge had correctly exercised their discretion, and the sentence was affirmed as just and reasonable under the circumstances. The appeal was dismissed, and the original sentence was upheld.
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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