Cordoba v The Queen

Case [2021] NSWCCA 144


Court of Criminal Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Cordoba v R [2021] NSWCCA 144
Hearing dates: 3 May 2021
Date of orders: 2 July 2021
Decision date: 02 July 2021
Before: Simpson AJA at [1];
Garling J at [2];
N Adams J at [3].
Decision:

(1) Leave to appeal granted.

(2) Appeal dismissed.

Catchwords:

CRIME — Appeals — Appeal against sentence – offences of dishonestly obtain financial advantage, breach of bail undertaking, give false evidence at public inquiry – whether sentencing judge erred in assessment of objective seriousness of the offences – where sentencing judge stated that the findings of objective seriousness were arrived at after taking into account mitigating factors including plea of guilty – where subjective factors were subsequently considered – held, remarks read as a whole indicate that subjective factors were taken into account after findings of objective seriousness – whether sentencing judge erred in failing to take into account possibility of summary disposition in respect of count 1 – argument not raised below – where applicant was sentenced for multiple offences that occurred over several years including a fraud of over $1m – not necessary to consider hypothetical situation in which count 1 was dealt with in isolation – whether aggregate sentence manifestly excessive – where indicative sentence on count 1 high – principle of totality – no error disclosed in aggregate sentence – appeal dismissed

Legislation Cited:

Bail Act 2013 (NSW), s 79

Crimes (Sentencing Procedure) Act 1999 (NSW), s 53A

Crimes Act 1900 (NSW), s 192E

Criminal Appeal Act1912 (NSW), s 5

Criminal Procedure Act 1986 (NSW), ss 166, 260

Independent Commission Against Corruption Act1988 (NSW), ss 80(c), 87(1)

Cases Cited:

GW v R [2018] NSWCCA 79

Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45

House v The King (1936) 55 CLR 499; [1936] HCA 40

JM v R [2014] NSWCCA 297

Kentwell v The Queen (2014) 252 CLR 601; [2014] HCA 37

Kliendienst v R [2020] NSWCCA 98

Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25

Matthews v R [2014] NSWCCA 185

Mulato v R [2006] NSWCCA 282

Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39

Obeid v R (2017) 96 NSWLR 155; [2017] NSWCCA 221

Pearce v The Queen (1998) 194 CLR 610; [1998] HCA 57

R v Trindall [2005] NSWCCA 446

R v Van Ryn [2016] NSWCCA 1

Wong v The Queen (2001) 207 CLR 584; [2001] HCA 64

Zreika v R [2012] NSWCCA 44

Category:Principal judgment
Parties: Ronald Cordoba (Applicant)
Regina (Respondent)
Representation:

Counsel:
K Averre (Applicant)
E Wilkins SC (Respondent)

Solicitors:
Legal Aid NSW (Applicant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2017/48178
Publication restriction: Nil
 Decision under appeal 
Court or tribunal:
District Court
Jurisdiction:
Criminal
Date of Decision:
13 November 2019
Before:
Syme DCJ
File Number(s):
2017/48178

Judgment

  1. SIMPSON AJA: I agree with N Adams J.

  2. GARLING J: I agree with the orders proposed…

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Details
AGLC
Cordoba v The Queen [2021] NSWCCA 144
Case
[2021] NSWCCA 144
Decision Date

CaseChat Overview and Summary

The appellant, Cordoba, appealed against the sentence imposed by the sentencing judge following his conviction for various offences. The respondent, The Queen, was the party defending the appeal. The nature of the dispute centred around the sentence handed down by the sentencing judge for the offences of obtaining financial advantage by deception, breaching bail conditions, and providing false evidence at a public inquiry. The case was heard by the court of appeal.

The primary legal issues before the court were whether the sentencing judge erred in assessing the objective seriousness of the offences and whether the judge failed to consider the possibility of a summary disposition in respect of one of the counts. The court also considered whether the aggregate sentence was manifestly excessive.

The court found that the sentencing judge's remarks, when read as a whole, indicated that subjective factors were taken into account after determining the objective seriousness of the offences. The court also held that the argument regarding the possibility of summary disposition in respect of one count was not raised below and thus could not be considered. The court determined that it was unnecessary to consider a hypothetical situation where the first count was dealt with in isolation. Regarding the aggregate sentence, the court found no error in the application of the principle of totality, given the high indicative sentence for the first count and the multiple offences committed over several years, including a fraud of over $1 million.

The appeal was dismissed, with the court finding that no errors were disclosed in the sentence imposed by the sentencing 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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